Opinion
No. 107,491.
2012-07-27
CIMARRON PARTNERS LLC, d/b/a Cimarron Apartments, Appellee, v. Julia L. CATRON, n/k/a White, Appellant.
Appeal from Sedgwick District Court; Anthony J. Powell, Judge. Julia L. White, appellant pro se. Mark Sevart, of Derby, for appellee.
Appeal from Sedgwick District Court; Anthony J. Powell, Judge.
Julia L. White, appellant pro se. Mark Sevart, of Derby, for appellee.
Before MALONE, P.J., MARQUARDT, J., and KNUDSON, S.J.
MEMORANDUM OPINION
PER CURIAM.
Julia L. White appeals the district court's entry of judgment in favor of Cimarron Partners LLC, d/b/a/ Cimarron Apartments. We affirm.
On June 23, 2011, Cimarron Partners LLC, d/b/a Cimarron Apartments (Cimarron), filed a petition against Julia L. Catron, n/k/a White (White), to recover $962.54 for rent, late charges, and damages after White vacated her apartment.
On October 14, 2011, the district court entered judgment for Cimarron in the amount of $962.54, plus costs of $79, for a total judgment of $1,041.54. On November 14, 2011, White appealed the judgment.
“ ‘When findings of fact are attacked for insufficiency of evidence or as being contrary to the evidence, the duty of the appellate court extends only to a search of the record to determine whether substantial competent evidence exists to support the findings. An appellate court will not weigh the evidence or pass upon the credibility of the witnesses. Under these circumstances the reviewing court must review the evidence in the light most favorable to the party prevailing below. [Citation omitted.]’ “ In re Adoption of R.W.B., 27 Kan.App.2d 549, 550, 7 P.3d 306,rev. denied 270 Kan. 898 (2000).
On appeal, White thoroughly informs the court of her issues with nasty neighbors but does not cite once to the record on appeal. White asks this court “to reverse the judgment made by Judge Anthony Powell” and “to order [Cimarron] to repay all garnished wages.”
Supreme Court Rule 6.02(d) (2011 Kan. Ct. R. Annot. 39), addressing the content of an appellate brief explains that “[t]he facts stated therein shall be keyed to the record on appeal by volume and page number so as to make verification reasonably convenient. Any material statement made without such a reference may be presumed to be without support in the record.” “An appellant has the burden to designate a record sufficient to establish the claimed error; without such a record, the claim of error fails. [Citation omitted.]” Kelly v. VinZant, 287 Kan. 509, 526, 197 P.3d 803 (2008).
White has failed to argue any legal issues or provide a single authority to suggest the district court was incorrect. An issue not raised in the appellate brief is deemed abandoned. State v. Martin, 285 Kan. 994, 998, 179 P.3d 457,cert. denied555 U.S. 880 (2008). Because of these failings, we affirm the district court's decision.
Affirmed.