Summary
The Maine Supreme Judicial Court dismissed Flint A. Hutchinson’s appeal from an order partially denying his motions for contempt and to modify a parental-rights judgment. The court held that Hutchinson failed to provide a compliant appendix and the transcript necessary to review his challenges to the evidence and his attorney’s representation. The appeal was dismissed without reaching the merits.
Holdings
- An appeal may be dismissed when the appellant fails to file an appendix containing the mandatory materials required by the Maine Rules of Appellate Procedure and the omission materially frustrates appellate review.
- An appellant who challenges findings or conclusions as unsupported by or contrary to the evidence must ensure that the appellate record includes a transcript of the evidence bearing on those challenges.
Questions Presented
- Whether the appeal should be dismissed because the appellant failed to provide a transcript necessary to challenge the evidentiary basis of the District Court's decision.
- Whether the appeal should be dismissed because the appellant's appendix failed to include the mandatory documents required by the Maine Rules of Appellate Procedure.
- Whether the Law Court could review Hutchinson's claims concerning the sufficiency of the evidence and his attorney's representation on the incomplete record.
Disposition
dismissed
Cases Cited (5)
- State v. Heikkinen, 477 A.2d 749, 750 (Me. 1984) (per curiam)(followed)
- Lowd v. Dimoulas, 2007 ME 61, ¶ 1, 924 A.2d 306 (per curiam)(followed)
- State v. Ross, 2004 ME 12, 841 A.2d 814 (per curiam)(followed)
- Your Home, Inc. v. City of Portland, 432 A.2d 1250, 1254-55 (Me. 1981)(followed)
- Ginn v. Kelley Pontiac-Mazda, Inc., 2004 ME 1, ¶ 15, 841 A.2d 785(distinguished)
Cited In (0)
No citing cases on record yet.
Court Document
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