SMITH v. SMITH, 2006 UT App 120

Liza J. Smith, Petitioner and Appellee, v. Earl Smith, Respondent and Appellant.

Case No. 20050783-CA.Utah Court of Appeals.
Filed March 23, 2006. (Not For Official Publication).

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Appeal from the Third District, Salt Lake Department, 024902271 The Honorable John Paul Kennedy.

Earl Smith, Magna, Appellant Pro Se.

Before Judges Davis, Orme, and Thorne.

MEMORANDUM DECISION
PER CURIAM:

Earl Smith requests this court to reverse an order of the district court that appears to have altered Mr. Smith’s visitation schedule with his children. However, Mr. Smith has not provided us with an adequate record to review the issues he has raised. See Call v. City of West Jordan, 788 P.2d 1049, 1052
(Utah Ct.App. 1990) (stating that “appellant has the burden of providing the reviewing court with an adequate record on appeal to prove his allegations”). In particular, Mr. Smith has not provided us with a copy of the transcript of the August 24, 2005 hearing in which the district court heard evidence and argument on the issues raised in the appeal. It was the evidence and legal arguments adduced at this hearing that resulted in the order from which Mr. Smith appeals. Without such transcript, we have no choice but to presume the correctness of the underlying decision.See State v. Rawlings, 829 P.2d 150, 152-53 (Utah Ct.App. 1992) (“In the absence of an adequate record on appeal, we cannot address the issues raised and presume the correctness of the disposition.”).

Affirmed.

James Z. Davis, Judge, Gregory K. Orme, Judge and William A. Thorne Jr., Judge.

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