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Boston v. Buchanan12/23/2003
CORRECTNESS THAT ATTACHES TO A TRIAL COURT'S DECISION
The plaintiffs (appellants) have utterly failed to show that the trial court prevented them from raising issues that would protect the cause from dismissal on any discretionary ground. There is in this case absolutely no record of courthouse proceedings. A record of nisi prius oral proceedings may come to us in two different forms - that of a court reporter's transcript and that of a rule-authorized narrative report of evidentiary proceedings, which was settled by the trial judge. What is here qualifies as neither of these two. Before the court is only a counsel's own version of the lawyers' oral recitations below. The record prepared for our use fails to show any effort on the appellants' part to adduce proof of any facts which would support an exercise of judicial discretion. Giving victory to the plaintiffs on this "record" ignores the law's presumption that courthouse decisions are to be accepted as correct, and the burden of overcoming that presumption rests on the appellant.
III. SUMMARY
Rule 9(b) does not warrant today's sua sponte elevation to a constitutional dimension. All of its provisions are statute-authorized and hence the power for their promulgation was undisputedly drawn from legislative delegation of authority rather than from a conscious act of invoking the constitution's source of inherent power.
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