Opinion
No. 20020042
Decided July 11, 2002
Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Frank L. Racek, Judge.
AFFIRMED.
Patrick T. McMorrow, Jr., pro se, James River Correctional Center, 2521 Circle Drive, Jamestown, N.D. 58401, respondent and appellant.
Paula R. Larson, petitioner and appellee; no appearance.
NOTE: SUMMARY OPINION, SEE NORTH DAKOTA RULES OF APPELLATE PROCEDURE, RULE 35.1.
[¶ 1] Patrick McMorrow, acting pro se, appeals from the district court's issuance of a domestic violence protection order. McMorrow argues the district court abused its discretion because there was no evidence presented to meet the statutory burden showing he had committed a recent incident of actual domestic violence.
[¶ 2] An appellant has a duty, under N.D.R.App.P. 10, to provide this Court with a transcript sufficient to allow a meaningful and intelligent review of the alleged error. Leingang v. George, 1999 ND 32, ¶ 7, 589 N.W.2d 585. If the record on appeal does not allow for a meaningful and intelligent review of an alleged error, we will decline review of the issue. Bublitz v. Tsang, 2000 ND 100, ¶ 2, 617 N.W.2d 131. By failing to submit a transcript of the district court proceedings, McMorrow has failed to meet his burden of showing that the district court abused its discretion in issuing a domestic violence protection order. See id. at ¶ 3. The district court's issuance of a domestic violence protection order is summarily affirmed under N.D.R.App.P. 35.1(a)(7).
[¶ 3] Gerald W. VandeWalle, C.J.
William A. Neumann
Mary Muehlen Maring
Carol Ronning Kapsner
Dale V. Sandstrom