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Tenney v. Benson
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MAINE SUPREME JUDICIAL COURT Reporter of Decisions
Decision: 1999 ME 177
Docket: Oxf-99-269
Submitted
on Briefs: November 17, 1999
Decided: November 29, 1999
Panel: WATHEN, C.J., and CLIFFORD, RUDMAN, DANA, SAUFLEY, and ALEXANDER, JJ.
THERESA TENNEY
v.
BRADLEY BENSON and BENSON LOGGING, INC.
PER CURIAM
[¶1] Bradley Benson and Benson Logging, Inc. (collectively Benson)
appeal from a judgment entered in the Superior Court (Oxford County,
Warren, J.) after a jury-waived trial finding him liable for breach of contract
and willful trespass pursuant to 14 M.R.S.A. § 7522 (1980). Benson
challenges the trial court's finding of liability and calculation of damages. As
the appellant, Benson has the burden of providing us with a sufficient record
that allows adequate consideration of his arguments. See International
Paper Realty Corp. v. St. Hilaire, 525 A.2d 1035, 1035 (Me. 1987). We are
in no position to consider Benson's arguments because he has failed to
provide us with a trial transcript. See id.; State v. Butler, 627 A.2d 530, 531
(Me. 1993).
[¶2] Additionally, in the absence of a record, we find that this appeal
is frivolous and without merit. See Fleet Bank of Maine v. Hunnewell, 633
A.2d 853, 854 (Me. 1993); M.R. Civ. P. 76(F). We, therefore, impose
sanctions in the amount of $500 to be paid by the appellants or their
counsel.
The entry is:
Judgment affirmed with sanctions
against the appellants in the amount of
$500.
Attorneys for plaintiff:
James B. Haddow, Esq.
Bruce A. McGlauflin, Esq.
Petruccelli & Martin, LLP
P O Box 9733
Portland, ME 04104-5033
Attorney for defendant:
Thomas F. Smith, Esq.
Smith & Kimball
P O Box 98
Harrison, ME 04040
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