Jessica Jacqueson v. TangID Automotive, LLP a/k/a AAMCO Transmissions & Total Care

THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case No. 2018-0656, Jessica Jacqueson v. TangID
Automotive, LLP a/k/a AAMCO Transmissions & Total Care, the
court on May 3, 2019, issued the following order:

Having considered the brief filed by the plaintiff, Jessica Jacqueson, and
the record submitted on appeal, we conclude that oral argument is
unnecessary in this case. See Sup. Ct. R. 18(1). The plaintiff appeals an order
recommended by a Judicial Referee (Kent, R.) and approved by the Circuit
Court (Lyons, J.) entering judgment for the defendant, TangID Automotive, LLP
a/k/a AAMCO Transmissions & Total Care, on the plaintiff’s small claims
action seeking reimbursement for the $5,261.80 she expended to repair her
vehicle. We affirm.

The trial court concluded that the plaintiff failed to meet her burden of
proving that the defendant acted negligently. On appeal, the plaintiff contends
that: (1) the defendant violated the New Hampshire Consumer Protection Act
(CPA) “due to [its] misleading and inability to repair [her] vehicle appropriately
and in a timely manner”; and (2) the record does not support the trial court’s
findings. As to her first argument, the plaintiff has failed to demonstrate that
she raised her CPA claim in the trial court. As to her second argument, the
plaintiff has failed to provide a record sufficient for our review.

It is the burden of the appealing party, here the plaintiff, to provide this
court with a record sufficient to decide her issues on appeal, as well as to
demonstrate that she raised her issues before the trial court. See Bean v. Red
Oak Prop. Mgmt., 151 N.H. 248, 250 (2004); see also Sup. Ct. R. 13. Here, the
plaintiff has not provided a copy of her small claims complaint as part of the
appellate record. Nor has she provided a copy of the transcript of the hearing
on the merits. Thus, we decline to address the plaintiff’s CPA claim because
she has not demonstrated that she raised this claim in the trial court.
Moreover, absent a transcript, we must assume that the evidence was
sufficient to support the trial court’s decision, and our review is limited to legal
errors apparent on the face of the record. Rix v. Kinderworks Corp., 136 N.H.
548, 553 (1992). Because the plaintiff has failed to persuade us that the trial
court committed legal error, we uphold its decision. See id.

Affirmed.

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

Eileen Fox,
Clerk