327 P.3d 1226
Utah Ct. App.2014Background
- Robertses appeal Capital One Bank judgment but fail to provide an official trial or pre-trial transcript, limiting appellate review.
- Appellate review is restricted to the record on appeal; without transcripts, court presumes regularity of proceedings.
- Court cannot review trial-era testimony, evidence, deposition use, or sufficiency challenges due to missing transcripts.
- Issues about notices, pleadings, and mailings are not reviewable absent preserved record; record shows no preservation.
- Counterclaim dismissal and potential conflict of interest are unpreserved; even if preserved, no demonstrated error from record in this appeal.
- Robertses failed to timely obtain indigence-related approval for self-prepared transcript and provided no briefing to justify waiver or indigence
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether transcript absence bars review of trial testimony | Robertses | Capital One | Cannot review due to missing transcripts |
| Preservation of mailing-address/notice issues | Robertses | Capital One | Not preserved; even if preserved, no relief for failure to update address |
| Rule on dismissal of counterclaim and potential conflict | Robertses | Capital One | Unpreserved; no error shown in record |
| Waiver of bond and self-made transcript | Robertses | Capital One | Inadequately briefed; no error shown |
| Indigence and admissibility of self-prepared transcript | Robertses | Capital One | Indigence documentation not provided; affidavit lacking; burden not met |
Key Cases Cited
- Gorostieta v. Parkinson, 2000 UT 99 (Utah 2000) (review limited to record on appeal; need adequate record)
- State v. Wulffenstein, 657 P.2d 289 (Utah 1982) (absence of adequate record precludes review of alleged error)
- Call v. City of West Jordan, 788 P.2d 1049 (Utah Ct.App.1990) (burden to provide adequate record to prove allegations)
- State v. Jones, 657 P.2d 1263 (Utah 1982) (presumption of regularity absent transcript)
- State v. Maese, 2010 UT App 106 (Utah Ct.App.2010) (issue preservation requires trial-court ruling opportunity)