BOBBY LANG v. COMMONWEALTH OF KENTUCKY, CABINET FOR FAMILIES AND CHILDREN; CANDACE GURLEY; AN UNKNOWN MINOR AND UNKNOWN PERSONS
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RENDERED:
NOVEMBER 3, 2000; 2:00 p.m.
NOT TO BE PUBLISHED
C ommonwealth O f K entucky
C ourt O f A ppeals
NO.
1999-CA-002936-MR
BOBBY LANG
APPELLANT
APPEAL FROM MCCRACKEN CIRCUIT COURT
HONORABLE CYNTHIA E. SANDERSON, JUDGE
ACTION NO. 99-AD-00027
v.
COMMONWEALTH OF KENTUCKY,
CABINET FOR FAMILIES AND CHILDREN;
CANDACE GURLEY;
AN UNKNOWN MINOR AND UNKNOWN PERSONS
APPELLEES
OPINION
AFFIRMING
** ** ** ** **
BEFORE:
McANULTY, MILLER, AND TACKETT, JUDGES.
MILLER, JUDGE:
Bobby Lang brings this appeal from a November 1,
1999, order of the McCracken Circuit Court.
We affirm.
On September 15, 1999, Lang filed a complaint in the
McCracken Circuit Court.
Therein, he alleged to be the possible
biological father of an infant born January 28, 1999, at Lourdes
Hospital in Paducah, McCracken County, Kentucky.
Apparently, the
infant was placed for adoption by the mother, Candace Gurley,
with the Kentucky Cabinet for Families and Children.
Gurley were both residents of Illinois.
Lang and
Lang also requested the court enter a restraining order
preventing the adoption, or if the adoption had been completed,
to release all information in regard thereto.
Lang further
sought genetic testing to determine his paternity, and in the
event paternity was proved, custody of the infant.
The circuit
court dismissed his complaint on November 1, 1999, thus
precipitating this appeal.
Upon review of the record, we observe that a videotaped
hearing upon this matter was conducted on October 13, 1999.
videotaped hearing contains no sound.
The
As an appellate court, our
review is based upon the record; absent a complete record, we are
unable to adequately review a circuit court's decision.
It is well established that Lang carries the burden of
providing this Court with a complete record.
In Ventors v.
Watts, Ky. App., 686 S.W.2d 833, 835 (1985), the Court observed:
Certifying the untranscribed tapes made at
hearings is an effective method of keeping
expenses down for an appellant and producing
a record for review, however, those tapes so
used must be clearly audible and as
accessible to the reviewing judges as a typed
transcript. Substitution of the tapes of the
hearing in lieu of a transcript does not
lessen the appellant's burden in providing us
a record to review.
In the case at hand, appellant was unable to refer this
Court to specific tape and digital counter numbers on the taped
recording to support his statement of the case pursuant to Ky. R.
Civ. P. (CR) 76.12(4)(c)(iii).
A complete record is necessary
for an adequate review of this matter.
We also observe CR 75.13 provides that appellant may
submit a narrative statement of an inaudible tape to supplement
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the record or in lieu of a transcript.
National Dairy Products
Corp. v. Rittle, Ky. App., 487 S.W.2d 894 (1972), established
appellant's duty to provide a narrative which has been settled
and approved by the trial court pursuant to CR 75.13(1).
In
National Dairy Products, the trial court forced appellant to go
to trial with no court reporter.
We held that “[e]ven though it
is an error to force a litigant to trial without a court
reporter, he must follow out the procedure of supplying the
deficiency with a narrative statement in order for the reviewing
court to determine whether he has been prejudiced.”
Id. at 896.
Lang, by neglecting to submit a narrative statement, failed to
provide us with a record to review.
Therefore, CR 75.13 affords
Lang no relief.
For the foregoing reasons, the order of the McCracken
Circuit Court is affirmed.
ALL CONCUR.
BRIEF FOR APPELLANT:
BRIEF FOR APPELLEE,
COMMONWEALTH OF KENTUCKY,
CABINET FOR FAMILIES AND
CHILDREN:
Brenda G. Bryant
Metropolis, Illinois
Mona S. Womack
Owensboro, Kentucky
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