Brattrud v. Town of Exline, 80-1161

Citation628 F.2d 1098
Decision Date25 August 1980
Docket NumberNo. 80-1161,80-1161
PartiesWallace C. BRATTRUD, Appellant, v. TOWN OF EXLINE, an Iowa Municipality in Appanoose County, Eugene Albright, Individually and as Mayor of the Town of Exline, Appanoose County, Iowa, Appellees.
CourtU.S. Court of Appeals — Eighth Circuit

Sidney E. Drake, Centerville, Iowa, for appellees.

Before LAY, Chief Judge, and HEANEY and ARNOLD, Circuit Judges.

PER CURIAM.

This appeal arises from a dispute over the alleged destruction by the Town of Exline, an Iowa municipality, of a building owned by appellant Wallace C. Brattrud. The pleadings disclose that the Town of Exline had informed Brattrud some months earlier that his building, which had previously been used as a warehouse, was at that time vacant and in disrepair and constituted a dangerous nuisance in violation of a local ordinance. Brattrud was ordered to repair the building or tear it down. Brattrud maintains that an oral agreement was reached between himself and the Town of Exline giving Brattrud until November 10, 1976 to begin repairs. It is alleged that the Town of Exline had the building destroyed November 8, 1976, contrary to that agreement. Brattrud brought suit against the Town of Exline seeking compensatory and punitive damages for the taking of his property. At trial the jury returned a verdict for Brattrud, awarding him compensatory damages of $1. Brattrud has appealed.

On appeal Brattrud basically challenges the verdict as contrary to the evidence on the valuation of his building and his ensuing damages; Brattrud also urges that the testimony of the town's expert witness regarding the value of the property in question was inadmissible for lack of proper foundation.

On appeal Brattrud seeks a review of the district court's holding but fails to provide a transcript of the record as required by F.R.A.P. Rule 10(b). That rule provides in relevant part:

If the appellant intends to urge on appeal 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.

In the event that a complete transcript of the proceedings is unavailable F.R.A.P. Rule 10(c) provides for acceptable alternatives. It is the responsibility of the party appealing from a finding or conclusion to see that the transcript or an appropriate substitute is included in the record on appeal. See, e. g., ...

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22 cases
  • Rosenfeld v. Oceania Cruises, Inc.
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • June 7, 2012
    ...colloquy and testimony. See, e.g., Carter v. Jacobsen, 748 F.2d 487, 488 (8th Cir.1984) (per curiam); Brattrud v. Town of Exline, 628 F.2d 1098, 1099 (8th Cir.1980) (per curiam). Thus, the panel could not have reviewed the District Court's exclusion of Vournechis's testimony at trial becaus......
  • Golay v. Loomis
    • United States
    • Idaho Supreme Court
    • July 30, 1990
    ...(1982). Where the record is sufficient to resolve some issues, those issues should be decided on the merits. E.g., Brattrud v. Town of Exline, 628 F.2d 1098 (8th Cir.1980); Thomas v. Computax Corp., 631 F.2d 139 (9th Cir.1980). Appeals will be dismissed only for good reason and on grounds r......
  • Fisher v. Krajewski, 88-1827
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • June 13, 1989
    ...Corp., 631 F.2d 139, 143 (9th Cir.1980); Southwest Admin., Inc. v. Lopez, 781 F.2d 1378, 1380 (9th Cir.1986); Brattrud v. Town of Exline, 628 F.2d 1098, 1099 (8th Cir.1980); Abood v. Block, 752 F.2d 548, 550 (11th Cir.1985). See also In re Plankinton Bldg. Co., 133 F.2d 900 (7th Cir.1943) (......
  • Bernard v. Roby
    • United States
    • Idaho Court of Appeals
    • February 13, 1987
    ...(1982). Where the record is sufficient to resolve some issues, those issues should be decided on the merits. E.g. Brattrud v. Town of Exline, 628 F.2d 1098 (8th Cir.1980); Thomas v. Computax Corp., 631 F.2d 139 (9th Cir.1980). Appeals will be dismissed only for good reason and on grounds re......
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