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Paula R. Larson, Petitioner and Appellee v. Patrick T. McMorrow, Jr., Respondent and Appellant

NOTE: SUMMARY OPINION, SEE NORTH DAKOTA RULES OF APPELLATE PROCEDURE, RULE 35.1.

Per Curiam.

[¶ 1] Patrick McMorrow, acting pro se, appeals from the district court's issuance of a domestic violence protection order. McMorrow argues the district court abused its discretion because there was no evidence presented to meet the statutory burden showing he had committed a recent incident of actual domestic violence.

[¶ 2] An appellant has a duty, under N.D.R.App.P. 10, to provide this Court with a transcript sufficient to allow a meaningful and intelligent review of the alleged error. Leingang v. George, 1999 ND 32, ¶ 7, 589 N.W.2d 585. If the record on appeal does not allow for a meaningful and intelligent review of an alleged error, we will decline review of the issue. Bublitz v. Tsang, 2000 ND 100, ¶ 2, 617 N.W.2d 131. By failing to submit a transcript of the district court proceedings, McMorrow has failed to meet his burden of showing that the district court abused its discretion in issuing a domestic violence protection order. See id. at ¶ 3. The district court's issuance of a domestic violence protection order is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

[¶ 3] Gerald W. VandeWalle, C.J.

William A. Neumann

Mary Muehlen Maring

Carol Ronning Kapsner

Dale V. Sandstrom

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LARSON v. McMORROW
(Jul 11, 2002)