Abbey Run Construction, LLC v. Diane Cerundolo

THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case No. 2021-0556, Abbey Run Construction, LLC v.
Diane Cerundolo, the court on September 16, 2022, issued the
following order:

Having considered the memorandum of law filed by the plaintiff, Abbey
Run Construction, LLC, the brief filed by the defendant, Diane Cerundolo, and
the limited record submitted on appeal, we conclude that oral argument is
unnecessary in this case. See Sup. Ct. R. 18(1). The defendant appeals an order
of the Circuit Court (Spath, J.) entering judgment in favor of the plaintiff on the
plaintiff’s small claim for breach of contract. We affirm.

We are unable to review the defendant’s appellate arguments substantively
because she has not provided a sufficient record for our review. As the appealing
party, the plaintiff has the burden of providing us with a record sufficient to
decide her appellate issues. Bean v. Red Oak Prop. Mgmt., 151 N.H. 248, 250,
(2004); see Sup. Ct. R. 13; see also Town of Nottingham v. Newman, 147 N.H.
131, 137 (2001) (explaining that the rules of appellate practice are not relaxed for
self-represented litigants). The plaintiff has not provided a transcript of the
hearing on the merits. 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 find none.

Affirmed.

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

Timothy A. Gudas,
Clerk