Malpass v. Burns

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE
CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING
EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

Drake Malpass, Appellant,

v.

Nick Burns, Respondent.

Appellate Case No. 2018-001886

Appeal From Greenville County
Perry H. Gravely, Circuit Court Judge

Unpublished Opinion No. 2021-UP-001
Submitted November 1, 2020 – Filed January 6, 2021

AFFIRMED

Drake Malpass, of Simpsonville, pro se.

Nick Burns, of Greenville, pro se.

PER CURIAM: Drake Malpass appeals a circuit court order affirming the
magistrate court's order dismissing his complaint against Nick Burns. Because
Malpass has failed to provide a sufficient record upon which this court can make a
decision, we affirm pursuant to Rule 220(b), SCACR, and the following
authorities: Rule 210(h), SCACR ("[T]he appellate court will not consider any fact
which does not appear in the Record on Appeal."); Medlock v. One 1985 Jeep
Cherokee VIN 1JCWB7828FT129001, 322 S.C. 127, 132, 470 S.E.2d 373, 376
(1996) ("The appellant has the burden of providing this court with a sufficient
record upon which to make a decision."); Germain v. Nichol, 278 S.C. 508, 509,
299 S.E.2d 335, 335 (1983) ("Appellant has the burden of providing [an appellate
court] with a sufficient record upon which [the appellate court] can make its
decision."); id. (affirming the trial court's judgment when the appellant failed to
provide "any of the trial testimony" to support his argument that the evidence did
not justify the damages award); Price v. Pickens Cnty., 308 S.C. 64, 67, 416 S.E.2d
666, 668 (Ct. App. 1992) (affirming an appeal from the circuit court in which the
appellant failed to provide "the complete order of the magistrate").1

AFFIRMED.2

LOCKEMY, C.J., and KONDUROS and MCDONALD, JJ., concur.

1
We note the record on appeal does not contain a complete copy of the hearing
transcripts, a complete copy of the circuit court's order, the magistrate court's
order, the underlying complaint, or any answer from Burns.
2
We decide this case without oral argument pursuant to Rule 215, SCACR.