explaining that "[t]he duty to provide a transcript for appellate review falls upon the appellant. This is necessarily so because an appellant bears the burden of showing error by reference to matters in the record. * * * When portions of the transcript necessary for resolution of assigned errors are omitted from the record, the reviewing court has nothing to pass upon and thus, as to those assigned errors, the court has no choice but to presume the validity of the lower court's proceedings, and affirm"
How later courts described this case
- explaining that "[t]he duty to provide a transcript for appellate review falls upon the appellant. This is necessarily so because an appellant bears the burden of showing error by reference to matters in the record. * * * When portions of the transcript necessary for resolution of assigned errors are omitted from the record, the reviewing court has nothing to pass upon and thus, as to those assigned errors, the court has no choice but to presume the validity of the lower court's proceedings, and affirm"
- holding that it is appellant's burden to ensure all necessary parts of the record are before the appellate court, and when a piece of the record necessary to determine an assignment of error is missing, an appellate court has no choice but to presume the validity of the proceedings below and affirm
- holding that the duty to provide a transcript for appellate review falls upon the appellant because 2 OHIO FIRST DISTRICT COURT OF APPEALS she bears the burden of showing error by reference to matters in the record
- stating that "[t]he duty to provide a transcript for appellate review falls upon the appellant. This is necessarily so because an appellant bears the burden of showing error by reference to matters in the record"
Written by the judges who cited it.
The opinion
Holmes, J.,
concurring. I am in agreement with the majority opinion, but would like to point out that in addition to the avenues open to the parties, as suggested in the opinion, the Appellate Rules, by way of App. R. 9(E), provide that the Court of Appeals may correct or modify the record to reflect that which occurred in the trial court. The following pertinent language is to be found within App. R. 9(E):
“ * * * If anything material to either party is omitted from the record by error or accident or is misstated therein, the parties by stipulation, or the trial court, either before or after the record is transmitted to the court of appeals, or the court of appeals, on proper suggestion or of its own initiative, may direct that the omission or misstatement be corrected, and if necessary that a supplemental record be certified and transmitted.”