E.V. Moody & Sons, Inc. v. Kristen Ciardiello & a.

THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case No. 2023-0594, E.V. Moody & Sons, Inc. v. Kristen
Ciardiello & a., the court on September 9, 2024, 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). Defendant Angelo Ciardiello appeals a decision of the Circuit
Court (Countway, J.), following a hearing, awarding $8,484 plus interest and
costs to the plaintiff, E.V. Moody & Sons, Inc., on its small claim for breach of
contract, and determining that defendants Kristen Ciardiello and ERA
Equipment, LLC are jointly and severally liable under the contract. We
construe Angelo Ciardiello’s brief to be arguing that the evidence was
insufficient to support the trial court’s decision. We affirm.

It is the burden of the appealing party, in this case Angelo Ciardiello, to
provide a record on appeal that is sufficient to decide the issues raised, and to
establish that those issues were raised in the trial court. See Bean v. Red Oak
Prop. Mgmt., 151 N.H. 248, 250 (2004); see also Sup. Ct. R.15(3) (“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.”). In the absence of a trial transcript, we assume
that the evidence was sufficient to support the result reached by the trial court,
and we review its decision for errors of law only. Bean, 151 N.H. at 250. In
this case, Angelo Ciardiello has not provided a transcript of the evidentiary
hearing held in the trial court, and therefore, we uphold the trial court’s
determinations that the parties entered into an enforceable contract, and that
the defendants are jointly and severally liable for $8,484 under it.

Affirmed.

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

Timothy A. Gudas,
Clerk