S.S. v. State (In re T.S. and M.S.)
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IN THE UTAH COURT OF APPEALS ----ooOoo---State of Utah, in the interest of T.S. and M.S., persons under eighteen years of age. ______________________________ S.S., Appellant, v. State of Utah, Appellee. ) ) ) ) ) ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20100701-CA F I L E D (December 16, 2010) 2010 UT App 369 ----Fifth District Juvenile, Cedar City Department, 1039102 The Honorable Thomas M. Higbee Attorneys: J. Bryan Jackson, Cedar City, for Appellant Mark L. Shurtleff and John M. Peterson, Salt Lake City, for Appellee Martha Pierce, Salt Lake City, Guardian Ad Litem ----- Before Judges Davis, Orme, and Roth. PER CURIAM: S.S. (Father) appeals the juvenile court's order adjudicating his two children as neglected. We affirm. Father asserts three issues on appeal, alleging that the juvenile court erred in its adjudication order entered after a hearing. However, despite this court's notice of a transcript deadline and subsequent cure letter, Father has failed to provide a transcript of the adjudication hearing. It is an appellant's obligation to provide transcripts of the parts of the proceeding necessary to determine the issues on appeal. See Utah R. App. P. 54. In the absence of an adequate record, this court cannot reach the asserted issues. Without a transcript, this court cannot verify that the asserted issues were preserved and cannot review them on the merits. "Parties claiming error below and seeking appellate review have the duty and responsibility to support their allegations with an adequate record." Gorostieta v. Parkinson, 2000 UT 99, ¶ 16, 17 P.3d 1110. Absent a complete record, Father's assertion of error "stands as a unilateral allegation which the reviewing court has no power to determine." State v. Penman, 964 P.2d 1157, 1162 (Utah Ct. App. 1998). Where, as in this case, a record on appeal is inadequate, this court must assume the regularity of the proceedings below. See Gorostieta, 2000 UT 99, ¶ 16. Affirmed. ______________________________ James Z. Davis, Presiding Judge ______________________________ Gregory K. Orme, Judge ______________________________ Stephen L. Roth, Judge 20100701-CA 2
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