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MAINE
SUPREME JUDICIAL COURT
Reporter of Decisions
Decision: 2002 ME 162
Docket: Ken-02-132
Submitted
on Briefs: September
26, 2002
Decided: October
31, 2002
Panel: SAUFLEY,
C.J., and CLIFFORD, RUDMAN, DANA, CALKINS, and LEVY, JJ.
ROXANNE ALLEY
v.
JOHN
ALLEY
DANA, J.
[¶1] Roxanne Alley appeals from the divorce
judgment entered in the Superior Court (Kennebec County, Worth, J.) dividing the Alleys' property. Roxanne has challenged the court's factual
findings, arguing that the judge misunderstood the evidence or believed a
party who should not have been believed. When a person appeals from a judgment and challenges the factual
findings of the judge, the appealing person must provide the Law Court with
a transcript of the trial testimony in order to allow us to undertake an appellate
review of the judge's findings. In
this case, Roxanne argues in her reply brief that this Court's denial of John's
motion to dismiss prevents us from affirming the judgment on the same grounds
raised in his motion, that is, lack of a transcript. However, we generally do not dismiss appeals
on this ground. Rather, if it
becomes obvious after giving the parties an opportunity to brief the issues,
that a transcript is required for the particular issues on appeal, we then
affirm the trial court.
[¶2] Because Roxanne has not provided us with a transcript of the proceedings before the trial court or a statement of the evidence pursuant to M.R. App. P. 5(d), we must assume that there was sufficient evidence to support the court's factual findings. See Putnam v. Albee, 1999 ME 44, ¶ 10, 726 A.2d 217, 220.
The entry is:
Judgment affirmed.
For plaintiff:
Roxanne Alley
85 Woodbridge Drive
Manchester, ME 04351
Attorney for defendant:
Brian P. Winchester, Esq.
116 State Street
Augusta, ME 04330