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Galloway v. Linnell

The Court of Appeals would not review appellants' bare statement that the facts did not support the trial court's denial of their counterclaim, without any argument or citation to the record.

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Keith Linnell filed a dispossessory action against his tenants, Mark Galloway and Mark Osenbach. The tenants counterclaimed for actual and punitive damages, alleging that Linnell failed to repair the premises. Linnell dismissed the dispossessory action before the start of trial, stating that he was no longer the tenants’ landlord.1 Following a bench trial on the tenants’ counterclaim, the trial court entered judgment in favor of Linnell. Galloway and Osenbach appeal, contending that the trial court erred in denying their motion to compel and in entering judgment for Linnell. We affirm.

1. About two months before trial, the tenants filed a motion to compel responses to discovery requests. Although the trial court apparently held a hearing on the motion, the record does not contain a transcript of the hearing or a copy of the trial court’s ruling. Accordingly, even if we assume that the trial court denied the motion to compel, we have no way of knowing the reason for its decision. The tenants admit that “there is not a record of the ruling by the lower court as to Appellants’ motion to compel,” but urge us “to review the pleadings . . . and determine whether or not the lower court erred by allowing the Appellee, via counsel, to thimblerig the discovery process in this case.” Contrary to the tenants’ assertions, however,

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