Visser v. Visser

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Visser v. Visser

IN THE UTAH COURT OF APPEALS
 

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Steven Visser,

Petitioner and Appellee,

v.

Judy S. Visser,

Respondent and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20040836-CA
 

F I L E D
(January 6, 2005)
 

2005 UT App 6

 

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Seventh District, Castle Dale Department

The Honorable Bruce K. Halliday

Attorneys: Judy S. Visser, Orem, Appellant Pro Se

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Before Judges Billings, Bench, and Greenwood.

PER CURIAM:

Judy Visser appeals the Findings of Fact and Conclusions of Law and the Decree of Divorce entered by the trial court on August 12, 2004. This is before the court on its own motion for summary disposition based on the lack of a substantial question for review.

Visser asserts that the orders were wrongfully entered because she did not receive them for review prior to their entry. Her position is refuted by the record. In the trial court's June 10, 2004 order denying her objections, the trial court specifically noted that the proposed documents had been submitted to Visser for review and that she had at least thirty days to retain counsel to evaluate the documents. Additionally, the documents, prepared by petitioner's counsel, were sent to Visser on June 15, 2004, as reflected by the certificate of service. This was almost two months before the trial court executed the orders. It is clear that Visser had ample notice of the proposed documents and sufficient time to lodge any further objections.

Additionally, Visser asserts generally that the trial court erred in its findings or failed to consider favorable evidence. These general assertions fail to state a legitimate and specific issue for review. Furthermore, even if the issues were more specifically stated, this court lacks an adequate record for review of evidence issues. Visser has not provided a transcript of the trial or the April 20, 2004 hearing. With an inadequate record on appeal, this court must assume the regularity of the proceedings below. See State v. Penman, 964 P.2d 1157, 1162 (Utah Ct. App. 1998).

Accordingly, the trial court's Findings of Fact and Conclusions of Law, and the Decree of Divorce entered August 12, 2004, are affirmed.

______________________________

Judith M. Billings,

Presiding Judge

______________________________

Russell W. Bench,

Associate Presiding Judge

______________________________

Pamela T. Greenwood, Judge

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