Albert McCarthy v. Macdonald Motors

THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case No. 2023-0283, Albert McCarthy v. Macdonald
Motors, the court on December 29, 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, Macdonald Motors, appeals a small claim
judgment entered by the Circuit Court (Greenhalgh, J.), following an
evidentiary hearing, awarding $7,424.73 plus costs to the plaintiff, Albert
McCarthy, for breach of warranty on a used engine that the defendant sold and
installed in the plaintiff’s car. On appeal, the defendant argues that the trial
court’s findings that the engine was not operating properly and that the
plaintiff suffered damages in the amount of $7,424.73 as a result are not
supported by the evidence and, thus, are clearly erroneous. We affirm.

It is the burden of the appealing party, in this case the defendant, to
provide a record on appeal that is sufficient to decide the issues raised on
appeal. See Bean v. Red Oak Prop. Mgmt., 151 N.H. 248, 250 (2004). “If the
[appealing] party intends to argue in the supreme court that a finding or
conclusion is unsupported by the evidence or is contrary to the evidence, the
[appealing] party shall include in the record a transcript of all evidence relevant
to such finding or conclusion.” Sup. Ct. R. 15(3). In the absence of a
transcript of an evidentiary hearing, we assume that the evidence supports the
trial court’s findings of fact, and we review its decision only for errors of law
appearing on the face of the order. See Bean, 151 N.H. at 250.

In this case, the defendant specifically answered “no” to the question in
the notice of appeal inquiring whether a transcript of the trial court
proceedings was necessary for the appeal, and consistent with that answer, the
defendant has not provided a transcript of the evidentiary hearing held in the
trial court. Accordingly, we must assume that the testimony and whatever
other evidence was presented at trial supports the trial court’s findings that the
defendant breached its warranty and caused the defendant damages in the
amount of $7,424.73. See id.

Affirmed.

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

Timothy A. Gudas,
Clerk

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