Opinion
Aug. 18, 1970.
Editorial Note:
This case has been marked 'not for publication' by the court.
Alex Stephen Keller, Denver, for plaintiff in error.
Lloyd K. Shinsato, Northglenn, for defendants in error.
ENOCH, Judge.
This case was originally filed in the Supreme Court of the State of Colorado and subsequently transferred to the Court of Appeals under authority vested in the Supreme Court.
Plaintiff in error was plaintiff below and seeks a reversal of the judgment entered in favor of the defendants. Trial was to the court. At the close of the plaintiff's case, defendants orally moved for dismissal of plaintiff's complaint and for judgment in their favor. Defendants motion was granted.
The plaintiff assigns four errors. However, there being no reporter's transcript before this court, we cannot examine the basis upon which the trial court made its ruling. It is the well established rule in this state that in the absence of the reporter's transcript, the regularity of the findings and judgment and support thereof by the evidence must be presumed. Bonham v. Aurora, 133 Colo. 276, 294 P.2d 267.
The judgment of the trial court is affirmed.
COYTE and PIERCE, JJ., concur.