Express Recovery v. Haroni

Express Recovery v. Haroni

IN THE UTAH COURT OF APPEALS
 

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Express Recovery Services, Inc. (a debt collection agency),

Plaintiff and Appellee,

v.

Kourosh Haroni,

Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20040521-CA
 

F I L E D
(December 30, 2004)
 

2004 UT App 490

 

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Second District, Layton Department

The Honorable Thomas L. Kay

Attorneys: Kourosh Haroni, Layton, Appellant Pro Se

Edward B. Parry, West Valley City, for Appellee

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Before Judges Billings, Bench, and Greenwood.

PER CURIAM:

    This case is before the court on its own motion for summary disposition. See Utah R. App. P. 10. Appellant Haroni seeks to appeal the trial court judgment, after a bench trial, in favor of Appellee Express Recovery Services, Inc. The trial court determined that, although the written contract between Haroni and the Ogden Standard Examiner for advertising services has terminated by its own terms, Express Recovery Services (as assignor of Ogden Standard Examiner) was entitled to the cost of unpaid advertising under either oral contract or quantum meruit.

    Haroni contends that the judgment is in error. However, Haroni has failed to provide this court with a transcript of the bench trial and, as a result, we lack a complete record. Consequently, we lack the ability to evaluate Haroni's claims. See Utah R. App. P. 11(e)(2); State v. Penman, 964 P.2d 1157, 1162 (Utah App. 1998). As a result, we must assume the regularity of the proceedings. See State v. Miller, 718 P.2d 403, 405 (Utah 1986) (per curiam); see also State v. Blubaugh, 904 P.2d 688, 699 (Utah Ct. App. 1995). Moreover, this court must "presume that the judgment was supported by sufficient evidence." Horton v. Gem State Mut., 794 P.2d 847, 849 (Utah Ct. App. 1990).

    We affirm the judgment of the trial court.

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Judith M. Billings,

Presiding Judge

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Russell W. Bench,

Associate Presiding Judge

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Pamela T. Greenwood, Judge