The World of Discovery, Inc. v. Victoria Rogers & a.

THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case No. 2017-0727, The World of Discovery, Inc. v.
Victoria Rogers & a., the court on June 29, 2018, issued the
following order:

Having considered the brief and record submitted on appeal, we conclude
that oral argument is unnecessary in this case. See Sup. Ct. R. 18(1). We affirm.

The plaintiff, The World of Discovery, Inc. (school), appeals an order of the
Circuit Court (Kent, Referee, approved by Lyons, J.), in its collection action
against the defendants, Victoria Rogers and Steven Dwight. It claims that the
trial court erred by denying it daily late fees and attorney’s fees.

The school, as the appealing party, has the burden on appeal to provide a
record that is sufficient to decide the issues it is raising and to demonstrate that
it raised those issues in the trial court. Bean v. Red Oak Prop. Mgmt., 151 N.H.
248, 250 (2004); see Sup. Ct. R. 13(3), 15(3) (if appealing party intends to argue
that a ruling is unsupported by or contrary to the evidence, the party shall
include a transcript of all evidence relevant to such ruling). Absent a transcript,
we assume the evidence was sufficient to support the result reached by the trial
court, Bean, 151 N.H. at 250, and review its order for errors of law only, see
Atwood v. Owens, 142 N.H. 396, 397 (1997).

In this case, the school has failed to provide a transcript of the hearing
before the trial court. Accordingly, we assume that the evidence was sufficient to
support the trial court’s determination. Bean, 151 N.H. at 250. We review the
trial court’s order for errors of law only, see Atwood, 142 N.H. at 397, and find
none.

Affirmed.

Lynn, C.J., and Hicks, Bassett, Hantz Marconi, and Donovan, JJ.,
concurred.

Eileen Fox,
Clerk