Grace Woodham v. New Hampshire Fire Marshall & a.

THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case No. 2020-0218, Grace Woodham v. New Hampshire
Fire Marshall & a., the court on March 2, 2021, issued the
following order:

The plaintiff’s motion “for joinder, change of venue” is denied. Having
considered the plaintiff’s brief, the defendants’ memoranda of law, and the
record submitted on appeal, we conclude that oral argument is unnecessary in
this case. See Sup. Ct. R. 18(1). The plaintiff, Grace Woodham, appeals orders
of the Circuit Court (Boyle, J.) dismissing her small claim complaint against
the defendants, the New Hampshire Office of the Fire Marshal (fire marshal),
the Franconia Police Department (police department), and Presby Towing, on
grounds that the pleading was illegible and failed to comply with District
Division Rule 4.1, and denying her motion for reconsideration. We construe
her brief to argue that the trial court: (1) deprived her of due process by
dismissing the small claim complaint on the basis of its illegibility; and (2)
erroneously determined that the fire marshal and police department were
entitled to immunity. We affirm.

It is a long-standing rule that parties may not have review on appeal of
issues that were not raised in the trial court. Bean v. Red Oak Prop. Mgmt.,
151 N.H. 248, 250 (2004). It is the burden of the appealing party, here the
plaintiff, to provide a record on appeal that is sufficient not only to decide the
issues she is raising, but to establish that she properly raised those issues in
the trial court. Id. Issues raised in a brief that are not supported by developed
legal argument are waived. State v. Blackmer, 149 N.H. 47, 49 (2003). In this
case, we conclude that the plaintiff has neither established that she raised her
appellate issues in the trial court, nor adequately supported them with
developed legal argument in her brief.

Affirmed.

Hicks, Bassett, Hantz Marconi, and Donovan, JJ., concurred.

Timothy A. Gudas,
Clerk