Cushing v. Thomson
1978 N.H. LEXIS 403, 386 A.2d 807, 118 N.H. 308 (1978)
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Rule of Law:
An appellate court will not find error in a lower court's ruling when the appeal is heard without a record and based solely on oral arguments, as there is no basis upon which to evaluate the lower court's decision.
Facts:
- Plaintiffs and defendants entered into a contract for the rental of the Portsmouth armory.
- Defendants became concerned about potential damage to the armory that might be caused by the plaintiffs during the rental period.
Procedural Posture:
- Following a prior opinion from the appellate court, defendants petitioned the superior court (the trial court) to modify a rental contract.
- The defendants' petition sought an order requiring the plaintiffs to file a $10,000 bond to cover potential damages.
- The superior court held a hearing and denied the defendants' petition.
- The defendants (appellants) requested and were granted an expedited appeal to the state's highest court, where the plaintiffs were the appellees.
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Issue:
Did the superior court err in denying the defendants' petition to require the plaintiffs to post a bond for the rental of a facility, when the appeal is presented without a factual record?
Opinions:
Majority - Memorandum Opinion
No. The superior court did not err in denying the petition to require a bond. An appellate court cannot find a lower court to be in error when the appeal is conducted without a record and is based only on oral argument. Without a record of the proceedings below, the appellate court has no basis upon which to review or overturn the trial judge's determination.
Analysis:
This case serves as a stark procedural lesson on the critical importance of creating and preserving a complete record at the trial level for the purpose of an appeal. It demonstrates the high degree of deference appellate courts afford to trial court decisions, particularly on discretionary matters. Without a transcript or other evidence from the hearing, an appellant cannot meet their burden of demonstrating that the trial judge abused their discretion or committed a clear error, rendering the trial court's decision effectively unreviewable.
