Lenzi Construction & Remodeling, LLC v. David Lafond ( 2015 )

THE STATE OF NEW HAMPSHIRE
SUPREME COURT
In Case No. 2014-0704, Lenzi Construction & Remodeling,
LLC v. David Lafond, the court on July 20, 2015, issued the
following order:
Having considered the briefs and record submitted on appeal, we conclude
that oral argument is unnecessary in this case. See Sup. Ct. R. 18(1). We affirm.
The plaintiff, Lenzi Construction & Remodeling, LLC, appeals an order of
the Circuit Court (Crocker, J.) on its small claim against the defendant, David
Lafond. The plaintiff contends that the trial court erred by not awarding it late
fees and attorney’s fees. However, the record before us does not reflect that it
requested the trial court to award it either of these fees.
It is a long-standing rule that parties may not have judicial review of issues
they did not raise in the trial court. Bean v. Red Oak Prop. Mgmt., 151 N.H. 248,
250 (2004). It is the plaintiff’s burden on appeal to provide a record that is
sufficient to decide the issues it is raising and to demonstrate that it raised those
issues in the trial court. Id. Absent a transcript, we assume the evidence was
sufficient to support the result reached by the trial court. Id. In this case, we
note that the plaintiff’s small claim complaint did not include a claim for late fees
or attorney’s fees. The plaintiff has not supplied a transcript of the hearing
before the trial court. Thus, we cannot determine what evidence was offered or
what arguments were raised. See Bean, 151 N.H. at 250. Therefore, we assume
that the evidence was sufficient to support the trial court’s determination. Id.We review the trial court’s order for errors of law only, see Atwood v. Owens, 142
N.H. 396, 397 (1997), and find none.
Affirmed.
Dalianis, C.J., and Hicks, Conboy, Lynn, and Bassett, JJ., concurred.
Eileen Fox,
Clerk