Opinion
No. 20000359-CA.
September 8, 2000. (Not For Official Publication)
Appeal from the Third District, Salt Lake Department, The Honorable Glenn Iwasaki.
Don Layton, Salt Lake City, Appellant Pro Se.
David E. Yocum and Craig W. Anderson, Salt Lake City, for Appellee.
Before Judges JACKSON, BILLINGS, and ORME.
MEMORANDUM DECISION
Layton asks us to overturn the summary judgment entered in favor of Salt Lake County, but fails to meet his burden of providing an adequate record on appeal. See Call v. City of West Jordan, 788 P.2d 1049, 1052 (Utah Ct.App. 1990). In particular, Layton has not provided us with a transcript of the trial court proceedings. Without an adequate record, we must assume there was a proper legal and factual basis for the trial court's decision. See State v. Rawlings, 829 P.2d 150, 152-53 (Utah Ct.App. 1992) (upholding trial court's order because "[i]n the absence of an adequate record on appeal, we cannot address the issues raised and presume the correctness of the disposition made by the trial court").
Moreover, in reviewing a grant of summary judgment, we determine "whether the trial court correctly held that there were no disputed issues of material fact." Ferree v. State, 784 P.2d 149, 151 (Utah 1989). Layton has failed to raise any disputed issues of material fact. The record which we have before us supports the trial court's decision to grant summary judgment in favor of Salt Lake County.
The trial court is affirmed.
WE CONCUR: JUDITH M. BILLINGS, Judge, and GREGORY K. ORME, Judge.