Heather Caswell v. Victor Ganobi

THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case No. 2022-0072, Heather Caswell v. Victor Ganobi,
the court on December 27, 2022, issued the following order:

The court has reviewed the written arguments and the record submitted
on appeal, and has determined to resolve the case by way of this order. See
Sup. Ct. R. 20(2). The plaintiff, Heather Caswell, appeals an order
recommended by a referee (Kent, R.) and approved by the Circuit Court (Lyons,
J.), dismissing her complaint brought under RSA chapter 540-A against the
defendant, Victor Ganobi. We affirm.

We review the trial court’s application of the law to the facts and its
statutory interpretation de novo. See Mahmoud v. Town of Thornton, 169 N.H.
387, 389 (2016). We will uphold the trial court’s factual findings unless the
evidence does not support them or they are erroneous as a matter of law.
Town of Atkinson v. Malborn Realty Trust, 164 N.H. 62, 66 (2012). Based
upon our review of the trial court’s 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 Sup. Ct. R. 25(8). In light of this
order, the defendant’s motion to strike the plaintiff’s brief is moot. See Appeal
of Silverstein, 163 N.H. 192, 199 n.1 (2012).

Affirmed.

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

Timothy A. Gudas,
Clerk