Evans v. Bishop

----ooOoo----

In the matter of Sondra E. Bishop,
an incapacitated and protected person.
 

William S. Evans and J. Brent Evans,
Petitioners and Appellees,

v.

Vint E. Bishop,
Respondent and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 990857-CA

F I L E D
July 28, 2000
  2000 UT App 233 -----

Third District, Salt Lake Department
The Honorable William B. Bohling

Attorneys:
Vint E. Bishop, Onalaska, Texas, Appellant Pro Se
Joseph C. Rust, Salt Lake City, for Appellees

-----

Before Judges Greenwood, Jackson, and Bench.

PER CURIAM:

The record before us supports the trial court's July 13, 1999 order in which it denied appellant's (Vint) objection to the sale of his mother's house. The court determined that Vint misused his fiduciary duty when he signed the house over to himself and that the purported transfer of property was invalid. Vint fails to present evidence justifying the reversal of this order. He made some effort to obtain a transcript, but did not follow through with the court reporter. Without a transcript, 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, the other issues which Vint attempts to raise on appeal were not ruled upon below and, thus, are not appropriately before us. See State v. Amoroso, 975 P.2d 505, 507 (Utah Ct. App. 1999) (stating general rule that appellate courts will not consider issue raised for first time on appeal).

The trial court's July 13, 1999, order is affirmed.(1)
 
 
 
 

______________________________
Pamela T. Greenwood,
Presiding Judge
 
 
 
 

______________________________
Norman H. Jackson,
Associate Presiding Judge
 
 
 
 

______________________________
Russell W. Bench, Judge

1. The trial court issued an unsigned minute entry on July 2, 1999, denying Vint's objection and memorialized this decision in a July 13, 1999, signed order.