SL Co v. Layton

----ooOoo----

Salt Lake County,
a body corporate and politic
of the State of Utah,
Plaintiff and Appellee,

v.

Don Layton,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20000359-CA

F I L E D
September 8, 2000 2000 UT App 255 -----

Third District, Salt Lake Department
The Honorable Glenn Iwasaki

Attorneys:
Don Layton, Salt Lake City, Appellant Pro Se
David E. Yocum and Craig W. Anderson, Salt Lake City, for Appellee

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Before Judges Jackson, Billings, and Orme.

PER CURIAM:

Layton asks us to overturn the summary judgment entered in favor of Salt Lake County, but fails to meet his burden of providing an adequate record on appeal. See Call v. City of West Jordan, 788 P.2d 1049, 1052 (Utah Ct. App. 1990). In particular, Layton has not provided us with a transcript of the trial court proceedings. Without an adequate record, 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, in reviewing a grant of summary judgment, we determine "whether the trial court correctly held that there were no disputed issues of material fact." Ferree v. State, 784 P.2d 149, 151 (Utah 1989). Layton has failed to raise any disputed issues of material fact. The record which we have before us supports the trial court's decision to grant summary judgment in favor of Salt Lake County.

The trial court is affirmed.
 
 
 
 
 

______________________________
Norman H. Jackson,
Associate Presiding Judge
 
 
 
 
 

______________________________
Judith M. Billings, Judge
 
 
 
 
 

______________________________
Gregory K. Orme, Judge