MARTIN MCDERMENT V BILTMORE PROPERTIES INC

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STATE OF MICHIGAN COURT OF APPEALS MARTIN MCDERMENT, GALE MCDERMENT, MICHAEL BAYOFF, SUSAN BAYOFF, JOE MILLS, CHRIS MILLS, LEE SHARKAS, MACI SHARKAS, JOHN SOULET, ANJELA SOULET, CHRIS MAKEPEACE, DEBBIE MAKEPEACE, RICHARD PRICE, MICHAELA PRICE, MARK SHOEMAKER, PAMELA SHOEMAKER, DAVID LIVERMORE, THERESE LIVERMORE, JOHN WALKER, VALERIE WALKER, HOWARD FISHER, NANCE FISHER, TRACY PARKS, PAMELA PARKS, PAUL MILEWSKI, and GERALYN MILEWSKI, UNPUBLISHED November 17, 2009 Plaintiffs-Appellees/Crossappellants, v No. 285570 Oakland Circuit Court LC No. 2002-044667-CZ BILTMORE PROPERTIES, INC. Defendant-Appellant/Crossappellee, and BIRKDALE POINTE SUBDIVISION HOMEOWNERS ASSOCIATION, TRACI PHILLIPS d/b/a PRINCIPAL PROPERTY MANAGEMENT, TOLL BROTHERS, INC., THE SILVERMAN BUILDING COMPANIES, INC., HQZ ACQUISITIONS, INC., and TOWNSHIP OF COMMERCE, Defendants. Before: Fort Hood, P.J., and Sawyer and Donofrio, JJ. MEMORANDUM. -1- Defendant appeals as of right from the trial court’s entry of a monetary judgment in favor of plaintiffs. Plaintiffs cross-appeal to contest rulings by the trial court. We affirm. This case was the subject of a ten-day bench trial. Despite the lengthy trial, defendant did not produce the trial transcripts. Rather, defendant only provided an excerpt from the trial. The appellant must provide the full record on appeal. Band v Livonia Associates, 176 Mich App 95, 103-104; 439 NW2d 285 (1989). This Court does not consider any alleged evidence proffered by the parties for which there is no evidentiary support. Id. at 104. The requirement that all transcripts be produced applies regardless of whether the transcript is directly relevant to the issues raised on appeal. Nye v Gable, Nelson & Murphy, 169 Mich App 411, 416; 425 NW2d 797 (1988). An appellant may file a motion with the trial court to allow less than the full transcripts to be included in the record on appeal, or the parties may stipulate that less than the full transcript will be included in the record on appeal. MCR 7.210(B)(1)(c), (d). The Court will not consider any issue for which the appellant failed to produce the transcript. PT Today, Inc v Comm’r of Financial & Ins Services, 270 Mich App 110, 151-152; 715 NW2d 398 (2006). Additionally, a party may not leave it to this Court to search for the factual basis offered in support of a position, but must correlate factual assertions to the location in the record. Begin v Mich Bell Telephone Co, 284 Mich App 581, 590; ___ NW2d ___ (2009). This Court is an error correcting court. Burns v Detroit (On Remand), 253 Mich App 608, 615; 660 NW2d 85 (2002). Defendant, as the appellant, did not comply with the requirement that the full transcript be included in the record on appeal. Although plaintiffs filed a cross-appeal, the full record on appeal was not produced by them. Therefore, we cannot conclude that the trial court erred. Band, supra; Burns, supra. Affirmed. /s/ Karen M. Fort Hood /s/ David H. Sawyer /s/ Pat M. Donofrio -2-

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