ARNE, LLC v. Matthew Benoit

THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case No. 2019-0183, ARNE, LLC v. Matthew Benoit, the
court on September 13, 2019, issued the following order:

Having considered the briefs 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, ARNE, LLC, appeals an order by the Superior Court (Nicolosi,
J.) dismissing its complaint against the defendant, Matthew Benoit. It contends
that: (1) the trial court erred by concluding that its claims were barred by res
judicata arising from the defendant’s small claim default judgment against it, see
Osman v. Gagnon, 152 N.H. 359, 363 (2005); (2) a default judgment in a small
claim should have no res judicata effect because service in hand is not required;
(3) barring its claims on the basis of res judicata from a small claim default
judgment constituted an unconstitutional taking and a violation of due process;
(4) the trial court did not hold a hearing on the motion to dismiss; and (5) the
trial court made findings and rulings in the small claim matter, in which
judgment had been rendered approximately five months before the plaintiff filed
this action. The plaintiff also raises numerous issues regarding the small claim
matter that it acknowledges are not properly before us in this appeal.

As the appealing party, the plaintiff has the burden of demonstrating
reversible error. Gallo v. Traina, 166 N.H. 737, 740 (2014). Based upon our
review of the trial court’s well-reasoned order, the plaintiff’s challenges to it, the
relevant law, and the record submitted on appeal, we conclude that the plaintiff
has not demonstrated reversible error. See id.

Affirmed.

Hicks, Bassett, Hantz Marconi, and Donovan, JJ., concurred.

Eileen Fox,
Clerk