Opinion
DOCKET NO. A-5448-13T4
04-20-2016
MARK NEWTON, Plaintiff-Appellant, v. EDWARD YOUNG a/k/a EDDIE L. YOUNG, Defendant-Respondent.
Mark Newton, appellant, argued the cause pro se. Respondent has not filed a brief.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Before Judges Reisner and Whipple. On appeal from Superior Court of New Jersey, Law Division, Essex County, Docket No. L-4539-12. Mark Newton, appellant, argued the cause pro se. Respondent has not filed a brief. PER CURIAM
Plaintiff appeals from the trial court's June 16, 2014 order dismissing with prejudice plaintiff's complaint alleging, among other things, slander and libel. We dismiss the appeal, for the following reason.
Plaintiff's arguments appear to center on the following instances of perceived error or misconduct. First, plaintiff argues that the court erred in failing to suppress defendant's answer on March 14, 2014 or, alternatively, denying his request to stay the trial. In that connection, he contends that the judge should not have conducted the trial on June 9, 2014 and should not have dismissed his complaint as a result of that trial. Second, he claims the court abused its discretion in denying plaintiff's application for a default judgment against defendant. Third, plaintiff claims the court abused its discretion in its June 6, 2014 order denying his motion to amend his complaint. Fourth, plaintiff argues that the trial judge erred in refusing to disqualify himself from the instant case.
However, plaintiff has failed to properly perfect his appeal as required by the Court Rules. Plaintiff provides no transcripts or other necessary materials of record to support his claims of misconduct or error by the trial court. Under Rule 2:5-3(a), "if a verbatim record was made of the proceedings before the court . . . from which the appeal is taken, the appellant shall . . . serve a request for the preparation of an original and copy of the transcript[.]" As plaintiff failed to provide any transcripts, or copies of the judge's written statements of reasons, so as to permit meaningful appellate review, we dismiss this appeal. See R. 2:8-2; R. 2:9-9; In re Zakhari, 330 N.J. Super. 493, 495 (App. Div. 2000).
Plaintiff's case information statement indicates that the trial court made findings of fact and conclusions of law on the record on June 9, 2014; however, plaintiff failed to order and file the transcript of either the June 9 trial or the judge's oral statement of reasons. --------
Dismissed. I hereby certify that the foregoing is a true copy of the original on file in my office.
CLERK OF THE APPELLATE DIVISION