2022-0389 Nonprecedential Processed

Alex Luis Morales v. Zenandre Braccio

Supreme Court of New Hampshire · Filed February 27, 2023

Opinion text

THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case No. 2022-0389, Alex Luis Morales v. Zenandre
Braccio, the court on February 27, 2023, 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 defendant, Zenandre Braccio, appeals an order
recommended by a judicial referee (Boyle, R.) and approved by the Circuit
Court (Lyons, J.) denying his motion to vacate an earlier final order awarding
damages to the plaintiff, Alex Luis Morales, on his petition brought under RSA
chapter 540-A. We affirm.

The defendant contends that, although the petition and temporary order
were served on his abode, he was not properly served, never received proper
notice, and was, thus, deprived of due process because the petition and
temporary order incorrectly identified him as “Ben (Last Name Unknown),” and
because he was in the custody of the Hillsborough County House of
Corrections at the time of the abode service.

As the appealing party, the defendant 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 orders, the defendant’s challenges to them, the
relevant law, and the record submitted on appeal, we conclude that the
defendant has not demonstrated reversible error. See id.

Affirmed.

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

Timothy A. Gudas,
Clerk