Scott McCarthy v. Joseph Prieto DBA Prieto Law

THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case No. 2022-0717, Scott McCarthy v. Joseph Prieto
DBA Prieto Law, the court on March 19, 2024, issued the
following order:

The plaintiff’s motion requesting accommodation under the Americans with
Disabilities Act is denied as it fails to specify what accommodation(s) the plaintiff
seeks. 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, Scott N. McCarthy, appeals an order of the Circuit
Court (Weaver, J.), issued following a hearing, entering judgment in favor of the
defendant, Joseph J. Prieto, Esq., in a small claims action related to the
defendant’s alleged failure to represent the plaintiff’s son in a separate legal
matter. Based upon our review of the parties’ written arguments, the relevant
law, the record on appeal, and the trial court’s narrative order, we find the
plaintiff’s arguments unpersuasive, and affirm the trial court’s decision. Further,
any issues raised in the plaintiff’s notice of appeal that were not briefed are
waived. See In re Estate of King, 149 N.H. 226, 230 (2003). Additionally,
because the defendant did not file a cross-appeal, we decline to address his
argument that the trial court erred by denying his request for attorney fees. To
the extent that the defendant requests attorney fees on appeal, his request is
denied.

Affirmed.

MacDonald, C.J., and Bassett, Donovan, and Countway, JJ., concurred.

Timothy A. Gudas,
Clerk