444 A.2d 542
No. 81-407Supreme Court of New Hampshire Nashua District Court
Decided April 2, 1982
Appeal and Error — Record — Adequacy On appeal, where the trial court’s findings of fact and rulings of law were not before the supreme court, and there was no record of the conflicting testimony presented below, in accordance with the Supreme Court Rules governing the record on appeal and transcripts, which make the moving party responsible for presenting a sufficient record and for including a transcript in the record on appeal, the decision of the trial court rendering judgment to the plaintiff was affirmed. Sup. Ct. Rs. 13, 15.
Kenneth E. Churbuck, of Nashua, by brief for the plaintiff.
Nashua Law Center, of Nashua (Barbara B. Millar on the brief), by brief for the defendant.
MEMORANDUM OPINION
The plaintiff, L R Rentals, sued the defendant, Matthew Judge, for money due on a contract to rent a motor vehicle. The dispute was whether the $5.50 insurance charge was a flat fee, as the defendant claimed, or a daily fee, as the plaintiff alleged. After a trial before Pantelas, J., judgment was rendered for the plaintiff, and the defendant appealed.
Page 328
The trial court’s findings of fact and rulings of law are not before us, and we do not have a record of the conflicting testimony below. Our rules contemplate such situations, and provide in pertinent part:
“Rule 13. The Record
. . . .
(3) The moving party shall be responsible for presenting to the supreme court a record sufficient for the court to decide the questions of law presented by the case. The supreme court may dismiss the case for lack of such a record.
. . . .
Rule 15. Transcripts
. . . .
(3) If the moving party intends to argue in the supreme court that a finding or conclusion is unsupported by the evidence or is contrary to the evidence, he shall include in the record a transcript of all evidence relevant to such finding or conclusion. . . .”
Sup. Ct. Rs. 13, 15.
In accordance with these rules, the decision below is
Affirmed.