Mahgoub v. Thompson Michie

----ooOoo----

Abdelrahman D. Mahgoub,
Plaintiff and Appellant,

v.

Thompson Michie Associates, Inc.;
Scottsdale Apartments, L.C.;
Tony Plunkett; and Lori B.,
Defendants and Appellees.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20010842-CA

F I L E D
March 28, 2002 2002 UT App 90 -----

Third District, Salt Lake Department
The Honorable Timothy R. Hanson

Attorneys:
Abdelrahman D. Mahgoub, Salt Lake City, Appellant Pro Se
Roger H. Thompson, Salt Lake City, for Appellees -----

Before Judges Bench, Orme, and Thorne.

PER CURIAM:

This case is before the court on its own motion for consideration of summary affirmance under Rule 10 of the Utah Rules of Appellate Procedure. Appellant (tenant) appeals the trial court's ruling he offered no evidence of an alleged civil rights violation by Appellees (landlord). Further, the court concluded that landlord lawfully entered the residence and acted properly in storing items retrieved from the apartment, returning the items to tenant, and in disposing of garbage. Lastly, the trial court found that landlord had not violated the terms of the lease.

Tenant has not provided a transcript of the proceedings below. Tenant has the burden of providing this court with an adequate record to review the evidence. See Horton v. Gem State Mutual of Utah, 794 P.2d 847, 849 (Utah Ct. App. 1990). In the absence of an adequate record, this court cannot address the issues raised on appeal and will presume the correctness of the judgment of the trial court. See State v. Rawlings, 829 P.2d 150, 152-53 (Utah Ct. App. 1992). Because we presume the correctness of the trial court's judgment, in the absence of record evidence to the contrary, the motion for summary disposition is granted and we affirm the trial court's decision.
 
 

______________________________
Russell W. Bench, Judge
 
 

______________________________
Gregory K. Orme, Judge
 
 

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William A. Thorne Jr., Judge