Weber v. Mories, Unpublished Decision (12-23-2004)
Weber v. Mories, Unpublished Decision (12-23-2004)
Opinion of the Court
{¶ 2} Appellee, Jacquelyn Weber, was injured in a traffic accident when her car was struck by one driven by appellant, Tina M. Mories. Appellee sued and eventually won a $3,500 jury award. Following trial, appellee moved for costs and prejudgment interest. After a hearing, the trial court awarded appellee prejudgment interest from the date of the accident and costs, including those for appellee's medical expert and collateral to his videotaped testimony.
{¶ 3} Appellant now appeals, arguing in two assignments of error that; 1) the costs awarded were excessive, and 2) the grant of prejudgment interest was unsupported by the facts.
{¶ 6} It is an appellant's burden to provide a transcript for review, because an appellant has the duty of showing error by reference to the record. Knapp v. Edwards Laboratories (1980),
{¶ 7} Here, although appellant ordered a transcript of the prejudgment interest hearing, such a document was not submitted. Even after the clerk of this court sent notice to appellant that the record had been filed without a transcript, no transcript was filed, no motion to supplement the record was advanced, no inquiry was made concerning the transcript's absence.
{¶ 8} It is appellant's duty to provide a transcript demonstrating error. Absent a transcript, we must presume the regularity of the proceedings. Accordingly, appellant's second assignment of error is not well-taken.
{¶ 9} On consideration whereof, the judgment of the Lucas County Court of Common Pleas is affirmed. Cost to appellant, pursuant to App.R. 24.
Judgment affirmed.
A certified copy of this entry shall constitute the mandate pursuant to App.R. 27. See, also, 6th Dist.Loc.App.R. 4, amended 1/1/98.
Handwork, P.J., Pietrykowski, J., Singer, J., concur.
Reference
- Full Case Name
- Jacquelyn Weber v. Tina Mories
- Cited By
- 2 cases
- Status
- Unpublished