Automated Summary
Key Facts
This is an appeal from Byron Martin challenging final orders in a family law case involving parenting and support of his minor son with Courtney McCauley. The parties have a son together, and McCauley filed a petition in December 2021 for a parenting plan, residential schedule, and child support. The case involved contentious proceedings over several years with allegations of domestic violence, substance abuse, and child withholding. Martin failed to adequately designate the trial record on appeal, making it impossible for the appellate court to review his assignments of error regarding the trial court's findings and orders including the final parenting plan, contempt order, and monetary judgment.
Issues
The appellant, Byron Martin, failed to adequately designate the trial record on appeal, making the record insufficient to review his assignments of errors. The appellate court cannot reach the merits of Martin's arguments because he failed to provide the trial transcripts or exhibits submitted to the trial court. As a result, the court affirmed the superior court's final orders including the parenting plan, monetary judgment, contempt order, and denial of reconsideration. Additionally, the court granted McCauley's request for attorney fees on appeal as sanctions under RAP 18.9 for filing a frivolous appeal.
Holdings
The Washington Court of Appeals Division Two affirmed the superior court's final orders in the family law case involving B.K.M. and Courtney McCauley. The court also granted McCauley's request for attorney fees on appeal as sanctions under RAP 18.9. The appeal was dismissed because the appellant failed to adequately designate the trial record on appeal, making the record insufficient to review the assignments of errors.
Remedies
- The appellate court granted McCauley's request for attorney fees on appeal as sanctions under RAP 18.9 because Martin's appeal was deemed frivolous for failing to designate the trial record on appeal, leaving no reasonable possibility of reversing the superior court's final orders.
- The court affirmed the superior court's final orders in this family law case, including the final parenting plan, monetary judgment, contempt order, and order denying reconsideration. The trial court entered a final parenting plan with RCW 26.09.191 limitations on Martin, awarded sole decision-making authority to McCauley, and entered a judgment against Martin for child support and attorney fees.
Legal Principles
The appellant bears the burden of perfecting the record so that the appellate court has before it all evidence relevant to the issue. Under RAP 9.2(b), if the appellant fails to provide a sufficient trial record, the court cannot reach the merits of the appellant's arguments and must affirm the lower court's orders.
Precedent Name
- Stiles v. Kearney
- Olmsted v. Mulder
- In re Marriage of Haugh
- In re Marriage of Black
Cited Statute
- Attorney fees as sanctions for frivolous appeals
- Statutory basis for attorney fees in family law cases
- Attorney fees in family law cases
- Restrictions on parenting based on domestic violence and substance abuse history
Judge Name
- Judge Maxa
- Judge Che
- Judge Price
Passage Text
- Without designating a complete record on appeal, there is no reasonable possibility of reversing the superior court's final orders. Therefore, this appeal is frivolous. Accordingly, we grant McCauley's request for attorney fees as sanctions under RAP 18.9.
- We review a trial court's findings of fact for substantial evidence. The appellant has the burden of perfecting the record so that the court has before it all the evidence relevant to the issue. Martin fails to meet this burden.
- Because Martin fails to adequately designate the trial record on appeal, the record is insufficient to review his assignments of errors. Accordingly, we affirm the superior court's final orders.