From Casetext: Smarter Legal Research

Germain v. Nichol

Supreme Court of South Carolina
Jan 5, 1983
278 S.C. 508 (S.C. 1983)

Summary

holding that the appealing party has the burden of providing a sufficient record

Summary of this case from Helms Realty, Inc. v. Gibson-Wall Co.

Opinion

21846

January 5, 1983.

Otto W. Ferrene, Jr., of Ferrene Associates, Hilton Head Island, for appellant.

Ronald R. Norton, of Harvey, Battey Bethea, Hilton Head Island, for respondent.


Jan. 5, 1983.


This is an appeal from an action in conversion resulting in a $1,200 verdict for respondent.

Three of appellant's four exceptions violate Supreme Court Rule 4, § 6 because they do not contain a complete assignment of error. See South Carolina Insurance Department v. Estrada, S.C. 287 S.E.2d 475 (1982); Barbee v. Poston, S.C. 289 S.E.2d 649 (1982). We dismiss these exceptions.

Appellant's remaining exception is to the effect that the evidence does not justify the award of actual damages. Appellant does not present this Court with any of the trial testimony. Appellant has the burden of providing this Court with a sufficient record upon which this Court can make its decision. Wilson v. American Casualty Co., 252 S.C. 393, 166 S.E.2d 797 (1969). We find appellant has failed to satisfy this burden.

Furthermore, in the Statement of the case appellant concedes that respondent's evidence was uncontroverted. The Statement of the case recites: "[T]he plaintiff in the trial of the cause presented evidence to establish the conversion of plaintiff's property and the resulting damage. The plaintiff's evidence was uncontroverted as the Defendant was not present at trial and the defense put on no witnesses." The parties are bound by the Statement of the case. Patel, et al. v. Southern Brokers, Ltd., S.C. 289 S.E.2d 642 (1982).

The judgment of the lower court is affirmed.

NESS, J., not participating.


Summaries of

Germain v. Nichol

Supreme Court of South Carolina
Jan 5, 1983
278 S.C. 508 (S.C. 1983)

holding that the appealing party has the burden of providing a sufficient record

Summary of this case from Helms Realty, Inc. v. Gibson-Wall Co.

holding that the appealing party has the burden of providing a sufficient record

Summary of this case from Smith v. Smith

holding that an appellant has the burden of providing the court with a sufficient record upon which to make a decision

Summary of this case from Hill v. Dotts

affirming the trial court's judgment when the appellant failed to provide "any of the trial testimony" in the record on appeal to support his argument on appeal

Summary of this case from Cole v. Heyward

providing an appellant has the burden to present a sufficient record for an appellate court to make a decision

Summary of this case from Jeanette's Loving In-Home Care Agency v. S.C. Dep't of Health & Human Servs.
Case details for

Germain v. Nichol

Case Details

Full title:Howard GERMAIN, Respondent, v. Kurt L. NICHOL, Appellant

Court:Supreme Court of South Carolina

Date published: Jan 5, 1983

Citations

278 S.C. 508 (S.C. 1983)
299 S.E.2d 335

Citing Cases

Holme v. Holme

Ordinarily we would affirm this award based upon the failure of the wife to present a sufficient record on…

Carpenter v. Measter

Therefore, these issues are not preserved for review. See Rule 210(h), SCACR (stating that the appellate…