Summary
holding appellant has the burden of proof to convince a reviewing court that the lower court was in error, and to do this, appellant must place in the record a sufficient foundation for his or her argument
Summary of this case from Watson v. Xtra Mile Driver Training, Inc.Opinion
19923
December 9, 1974.
Messrs. Holland, Furman, Tetterton Groom, of Camden, for Appellant, cite: As to the Trial Judge's committing error in allowing into evidence, over the objections of the Defendant-Appellant, copies of documents without the Plaintiff-Respondent having provided reason why the originals were not available: 121 S.C. 155, 113 S.E. 356. As to the Trial Judge's committing error in his remarks to the jury: 134 S.C. 412, 132 S.E. 811. As to the Trial Judge's committing error in refusing to allow testimony about conversations between the Plaintiff-Respondent's witness James E. McGrew and the original deceased Plaintiff: 246 S.C. 225, 143 S.E.2d 459; 47 S.C. 488, 25 S.E. 797. As to error in allowing into evidence only portions of the deposition of the original deceased Plaintiff and in allowing any portion at all: 88 S.C. 281, 70 S.E. 815. As to the Trial Judge's committing error in denying the Defendant-Appellant's motion for a nonsuit and directed verdict: 201 S.C. 166, 21 S.E.2d 576. As to the Trial Judge's committing error in allowing the Plaintiff-Respondent to make a motion for a directed verdict and in granting said motion and not allowing the issues to go to the jury: 260 S.C. 350, 195 S.E.2d 711; 223 S.C. 204, 74 S.E.2d 914.
J. Reese Daniel, Esq., of Davis and Brandon, Columbia, for Respondent, cites: As to Appellant's failure to include the pleadings, transcript of testimony, and order appealed from in the Transcript of Record leaving this Court without any basis to consider the appeal on the merits: Rule 8, Section 7; Rule 4; 235 S.C. 216, 110 S.E.2d 855; 241 S.C. 306, 128 S.E.2d 179; Rule 8, Section 3.
December 9, 1974.
This is an appeal by the appellant-defendant based on objections and exceptions made and taken during the course of the trial. The transcript of record contains no testimony whatsoever as required by Rule 4, Section 3, and Rule 8, Section 7, of the Rules of The Supreme Court of South Carolina. The appellant has the right to propose the record and designate its contents. The burden of proof is on the appellant to convince this Court that the lower court was in error. In order to do this he must place in the record sufficient testimony to serve as a foundation for his argument, and where, as here, the exceptions require consideration of the trial testimony, which is not included in the record, the appellant thus has not complied with the fundamental rules of this Court. There simply isn't anything before us from which we could conclude that the lower court should be reversed. The South Carolina National Bank of Charleston v. B.H. Stepp Company, Inc., 248 S.C. 521, 151 S.E.2d 752; South Carolina State Highway Department v. Meredith, 241 S.C. 306, 311, 128 S.E.2d 179.
Appeal dismissed.