L & R Rentals d/b/a Sears Rent-A-Car v. Matthew Judge

Nashua District Court No. 81-407 L & R Rentals d/b/a Sears Rent-A-Car v. Matthew Judge April 2, 1982 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. [MAJORITY] 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 Paútelas, J., judgment was rendered for the plaintiff, and the defendant appealed. 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.