Granada Board of Managers, et al. v. Antoi

Antoine Coffer (Appellant) appeals from the trial court's judgment in favor of Repair Unlimited, Inc. (Respondent) in a breach of contract action arising from repairs performed by Respondent to Appellant's condominium unit. We dismiss the appeal on the grounds that the record on appeal is insufficient because Appellant failed to file a transcript of the trial with this Court under Supreme Court Rule 81.12(a).

Following a fire which caused substantial damage to the condominium unit owned by Appellant, he made a claim for the loss and damages caused by the fire against an insurance policy procured by the trustees of Granada Condominium (Granada) for the benefit of Granada unit owners. The insurance carrier paid the proceeds from the insurance policy to the trustees of Granada. Appellant thereafter entered into a written construction contract with Respondent to repair the fire damage to his condominium unit.

At the time of the settlement of the insurance claim, Appellant had failed to pay certain condominium assessments made by the Granada Condominium Board of Managers (Granada Board). Granada Board filed an interpleader action requesting that it be permitted to retain or otherwise set off the delinquent condominium assessments against the insurance proceeds.

Subsequent to the filing of the original petition by Granada Board, a dispute arose between Respondent and Appellant regarding the extent and quality of the work performed by Respondent. Respondent moved to intervene in the interpleader action and was granted leave to file its petition. Respondent then filed a petition against Appellant alleging he breached a written construction contract by refusing to pay for the completed repairs to the condominium unit.

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Each point on appeal raises issues that require us to consult the trial transcript to determine what evidence was in the record and what proceedings occurred at trial to affect the challenged judgment. In his first point, Appellant asks us to determine whether the requested findings of fact and conclusions of law are necessary for meaningful appellate review of his claims. Without a record of the proceedings before the trial court, we cannot make such a determination. Likewise, we cannot rule on Appellant's second point without the trial transcript. "Complaints that the judgment went beyond the scope of the pleadings cannot be reviewed without looking at the transcript to see if the pleadings were amended during trial by the evidence, or otherwise or to see if the evidence brought the matter within the scope of the pleadings." Buford, 40 S.W.3d at 402.

Appeal dismissed.(FN1)

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