Germain v. Nichol, 21846
| Decision Date | 05 January 1983 |
| Docket Number | No. 21846,21846 |
| Citation | 278 S.C. 508,299 S.E.2d 335 |
| Parties | Howard GERMAIN, Respondent, v. Kurt L. NICHOL, Appellant. |
| Court | South Carolina Supreme Court |
Otto W. Ferrene, Jr., of Ferrene & Associates, Hilton Head Island, for appellant.
Ronald R. Norton, of Harvey, Battey & Bethea, Hilton Head Island, for respondent.
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: 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.
To continue reading
Request your trial
- Mellen v. Lane
-
State v. 192 COIN-OP. VIDEO GAME MACH.
...appellant's warehouse. Without more, it cannot be determined whether the officers conducted a warrantless search. See Germain v. Nichol, 278 S.C. 508, 299 S.E.2d 335 (1983) (appellant has burden of providing the Court with a sufficient record upon which Court can make a decision). Furthermo......
-
Prescott v. Farmers Telephone Co-op.
...Zaman v. South Carolina State Bd. of Medical Examiners, supra (record must show issue was raised to trial court); Germain v. Nichol, 278 S.C. 508, 299 S.E.2d 335 (1983) (appellant has burden of providing the Court with a sufficient record upon which Court can make a REVERSED. TOAL, Acting C......
-
Howle v. PYA/Monarch, Inc., 0697
...business in Marlboro County. The burden is on the appellant to provide an adequate record for appellate review. Germain v. Nichol, 278 S.C. 508, 299 S.E.2d 335 (1983). Here, the record on appeal, as it relates to the change of venue motion, contains only the motion itself and the hearing ju......