2020-0481 Nonprecedential Processed

In the Matter of Eric Robinson and Rhonda Robinson

Supreme Court of New Hampshire · Filed April 29, 2021

Opinion text

THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case No. 2020-0481, In the Matter of Eric Robinson and
Rhonda Robinson, the court on April 29, 2021, issued the
following order:

Having considered the briefs and limited record submitted on appeal, we
conclude that oral argument is unnecessary in this case. See Sup. Ct. R. 18(1).
The petitioner, Eric Robinson (Husband), appeals the final divorce decree
entered by the Circuit Court (Yazinski, J.) in his divorce from the respondent,
Rhonda Robinson (Wife). We affirm.

The trial court has broad discretion in fashioning a final divorce decree.
In the Matter of Spenard & Spenard, 167 N.H. 1, 3 (2014). Its discretion
necessarily encompasses decisions concerning property distribution. Id. We
will not overturn the trial court’s decision absent an unsustainable exercise of
discretion. Id. This means that we review only whether the record establishes
an objective basis sufficient to sustain the discretionary judgment made, and
we will not disturb the trial court’s determination if it could reasonably have
been made. In the Matter of Kurowski & Kurowski, 161 N.H. 578, 585 (2011).
If the trial court’s findings could reasonably have been made on the evidence
presented at trial, they will stand. Spenard, 167 N.H. at 3.

On appeal, Husband argues that the record does not support the trial
court’s property division. As the appealing party, Husband has the burden of
providing a record sufficient to decide his appellate issues. Bean v. Red Oak
Prop. Mgmt., 151 N.H. 248, 250, (2004); see Sup. Ct. R. 13. The transcript of
the final divorce hearing reveals that the parties introduced more than 35
exhibits. Husband has provided only two of those exhibits as part of the
appellate record and has not provided the parties’ financial affidavits. Absent a
complete record, we must assume that the evidence supported the trial court’s
decision. See Bean, 151 N.H. at 250. We review the court’s order for errors of
law only, see Atwood v. Owens, 142 N.H. 396, 397 (1997), and finding none, we
uphold its property distribution.

Affirmed.

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

Timothy A. Gudas,
Clerk

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