Teng v. Diners Club, Inc.

Decision Date29 September 1982
Citation424 So.2d 629
PartiesLincoln TENG v. DINERS CLUB, INC. Civ. 3291.
CourtAlabama Court of Civil Appeals

Lincoln Teng, pro se.

Joseph T. Conwell, Conwell & Conwell, Huntsville, for appellee.

EDWARD N. SCRUGGS, Retired Circuit Judge.

This is a civil action upon an open account brought by Diners Club against Dr. Teng, whose written answer to the complaint was that the indebtedness was the responsibility of Optimal Data Corporation rather than his individual debt.

After a monetary judgment was rendered against him in the district court, Dr. Teng appealed to the circuit court where the trial jury rendered its verdict against him, finding the issues in favor of Diners Club for $3,205.19. The circuit court entered its judgment accordingly.

Dr. Teng appeals pro se. As we comprehend the issues which he raises, or attempts to raise, he complains that Optimal Data Corporation should have been named as the defendant rather than himself, that the plaintiff's attorney hated him and was so prejudiced against him that the attorney should have disqualified himself from representing Diners Club in this case and, lastly, that, while Dr. Teng was presenting his argument to the jury the plaintiff's attorney objected to his argument, and the trial court then erred in ordering Dr. Teng not to argue irrelevant facts as he would face contempt of court.

Except for written exhibits, the record on appeal contains none of the trial evidence, none of the argument before the jury and no trial rulings of the circuit court. No facts appear in the record which have any apparent relevancy to any of the issues raised except for a plaintiff's exhibit which purports to be Dr. Teng's personal application for a Diners Club charge card and charge account.

Dr. Teng states and argues facts in his brief which do not appear in the record. However, this court must look only to the record for the evidence and for the facts. Here, the record is silent as to any evidence or facts as to any issue raised. We cannot consider evidence or a factual assertion outside of the record which is contained solely in Dr. Teng's brief. Any errors committed by the trial court must be affirmatively demonstrated by the record filed in this court, and, if it does not disclose the facts upon which an alleged error is based, we will not consider that issue. Green v. Standard Fire Insurance Company of...

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8 cases
  • Zaden v. Elkus
    • United States
    • Alabama Supreme Court
    • September 12, 2003
    ...and if it does not disclose the facts upon which the alleged error is based, we will not consider that issue." Teng v. Diners Club, Inc., 424 So.2d 629, 629-30 (Ala.Civ.App.1982) (citing Green v. Standard Fire Ins. Co. of Alabama, 398 So.2d 671 Notwithstanding her failure to request the tri......
  • Ex parte Swoope
    • United States
    • Alabama Court of Criminal Appeals
    • October 15, 1998
    ...The Alabama Supreme Court in Royal v. Safety Coatings, Inc., 655 So.2d 927, 932 (Ala.1994), quoting Teng v. Diners Club, Inc., 424 So.2d 629, 629-30 (Ala.Civ.App.1982), "`We cannot consider evidence or a factual assertion outside of the record which is contained solely in [the appellant's] ......
  • Martin v. Martin
    • United States
    • Alabama Court of Civil Appeals
    • March 12, 1993
    ...record does not disclose the facts upon which the alleged error is predicated, we will not consider that issue. Teng v. Diners Club, Inc., 424 So.2d 629 (Ala.Civ.App.1982). Accordingly, the judgment of the trial court is due to be, and it is hereby, affirmed. The wife's request for this cou......
  • Anderson v. Fields
    • United States
    • Alabama Court of Civil Appeals
    • April 22, 1987
    ...committed error, and if that record itself does not disclose any such alleged error, we cannot consider the issue. Teng v. Diners Club, Inc., 424 So.2d 629 (Ala.Civ.App.1982). An appellant must affirmatively show from the record on appeal that an alleged error was in fact committed, Porter ......
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