Please ensure Javascript is enabled for purposes of website accessibility
Home / Opinion Digests / Family Law / No transcript dooms support arrearage appeal

No transcript dooms support arrearage appeal

Appellant’s challenge of a $129,000 judgment for spousal-support arrearages cannot be considered on appeal because he did not file a transcript of the hearing or a written statement of facts.

Dispositive issue

Appellant argues that the trial court erred by entering the judgment against him. He contends that the April 8, 2021, show-cause hearing was procedurally defective.

A court reporter did not transcribe the hearing. Appellant did not file a transcript or provide a written statement of facts in lieu of a transcript.

“‘When the appellant fails to ensure that the record contains transcripts or a written statement of facts necessary to permit resolution of appellate issues, any assignments of error affected by such omission will not be considered.’ …

“In this situation, the proper disposition is to affirm the judgment of the circuit court, not to dismiss the appeal. …

“The dispositive issue in this appeal – our inability to consider the assignment of error in the absence of an indispensable transcript – has been ‘authoritatively decided, and the appellant has not argued that the case law should be overturned, extended, modified, or reversed.’ …

“What happened at the April 8 hearing is ‘indispensable to our resolution’ of appellant’s arguments. …  Although Connor states that a court reporter was not present for the circuit-court hearing, he could have submitted a written statement of facts in lieu of a transcript. … He simply failed to do so.

“As a result, we cannot consider his assignment of error.”

Affirmed.

Connor v. Lyons, Record No. 1177-21-3, April 5, 2022. CAV (per curiam) from the Circuit Court of Rockbridge County (Russell). Jared R. Jenkins. for appellant. Tiffany J. Fix for appellee. VLW 022-7-084, 4 pp. Unpublished opinion.

VLW 022-7-084

Virginia Lawyers Weekly