Opinion
No. 23673.
Rendered on June 18, 2010.
Civil Appeal from Montgomery County Court Area #2, Trial Court Case Nos. 2009-CVF-35.
Thomas B. Talbot, Jr., Atty Reg. #0002615, Talbot Ducker, Attorney for Plaintiff-Appellee.
Rodney Trimbach, Defendant-Appellant, pro se.
OPINION
{¶ 1} Rodney Trimbach appeals pro se from the trial court's entry of judgment in favor of appellee Brownmor Company, LLC, for $2,268 plus interest and costs.
{¶ 2} The record reflects that Brownmor sued Trimbach in
Montgomery County Court, seeking to recover the above amount for services rendered. The case appears to have proceeded to trial on August 25, 2009. Following post-trial briefing, the trial court entered judgment in favor of Brownmor based on the evidence presented. This appeal followed.
{¶ 3} Trimbach's sole argument is that Brownmor failed to prove it provided any services to him. Without a transcript or a statement of the evidence, however, we cannot determine whether Brownmor satisfied its burden of proof. The record does not reflect that Trimbach ordered a transcript, and no transcript has been filed.
{¶ 4} "The duty to provide a transcript of the evidence for appellate review falls upon the appellant." Pickett v. Allied Waste Servs., Montgomery App. No. 22166, 2008-Ohio-2245, ¶ 6, citing Knapp v. Edwards Laboratories (1980), 61 Ohio St.2d197, 199. "When portions of the transcript necessary for resolution of assigned errors are omitted from the record, we have nothing to pass upon and, thus, we have no choice but to presume the validity of the lower court's proceedings and affirm." Id. Without a transcript or an App. R. 9(C) statement, we cannot review the evidence to determine whether the trial court erred in entering judgment in favor of Brownmor.
{¶ 5} Trimbach's assignment of error is overruled, and the trial court's judgment is affirmed.
DONOVAN, P.J., and GRADY, J., concur.