2022-0319 Nonprecedential Processed

Pamela Teperino v. Gail McCarthy & a.

Supreme Court of New Hampshire · Filed February 1, 2023

Opinion text

THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case No. 2022-0319, Pamela Teperino v. Gail McCarthy &
a., the court on February 1, 2023, issued the following order:

The court has reviewed the written arguments and the limited record
submitted on appeal, and has determined to resolve the case by way of this
order. See Sup. Ct. R. 20(2). The plaintiff, Pamela Teperino, appeals an order
of the Circuit Court (Forrest, J.) dismissing her complaint brought against the
defendants, Gail and James McCarthy, under RSA chapter 540-A. We affirm.

The plaintiff argues that the trial court erred by dismissing her complaint
and ruling that she failed to meet her burden of proving that the defendant had
engaged in the prohibited practices that she alleged. We are unable to review
this argument substantively because the plaintiff has not provided a transcript
of the hearing in the trial court. As the appealing party, the plaintiff had the
burden of providing this court with a record sufficient to decide her issues on
appeal. See Sup. Ct. R. 13; Bean v. Red Oak Prop. Mgmt., 151 N.H. 248, 250
(2004); 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). Because the plaintiff has not provided us with a copy of the hearing
transcript, we must assume that the evidence at the hearing supported the
trial court’s decision. See Atwood v. Owens, 142 N.H. 396, 396 (1997). We
review the trial court’s order for errors of law only, and find none.

The plaintiff has submitted on appeal a letter from the Rindge Fire
Department that bears the same date as the trial court order on appeal (May
27, 2022) and July 2022 records from the Rindge Police Department. Our
decision today is without prejudice to the plaintiff seeking whatever relief may
be available in the trial court based upon those documents.

Affirmed.

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

Timothy A. Gudas,
Clerk

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