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Culbertson-Froid-Bainville Health Care Corp. v. JP Stevens & Co. Inc.10/18/2005
s presented any evidence of the value that Roosevelt realized by utilizing the roof for nine years. Without such evidence, the District Court lacked a factual basis to determine the proper amount by which to offset the full cost of replacing the roof. The record contains no indication of what evidence was before the District Court at the damages hearing. Such information is essential to the resolution of this issue. Stevens has not supplied us with a record by which to assess the District Court's conclusion, and we will not speculate as to what the evidentiary bases for its decision may have been. Stevens's argument with respect to the District Court's calculation of damages pursuant to contract law fails for the same reason.
Roosevelt asks this Court to award attorney fees on appeal. Roosevelt asserts that Stevens's failure to provide a transcript indicates that the sole purpose behind this appeal is further delay; therefore, such a sanction is warranted. We disagree. Although a transcript of the damages hearing is required to determine the validity of the damages award, a transcript is not necessary to determine whether the District Court abused its discretion in imposing sanctions pursuant to Rule 37, M.R.Civ.P. For this issue, the record suffices. Moreover, although we affirm the Rule 37 sanction imposed by the District Court, Stevens's arguments on this issue are not so frivolous as to warrant this Court imposing sanctions pursuant to Rule 32, M.R.App.P. Accordingly, Roosevelt's request for attorney fees is denied.
The District Court did not abuse its discretion when it struck Stevens's defenses pursuant to Rule 37(b), M.R.Civ.P., and entered judgment in favor of Roosevelt. The appellant failed to present any evidence that could establish that the District Court abused its discretion in calculating the damages it awarded to Roosevelt. Accordingly, we affirm.
W. WILLIAM LEAPHART
We concur:
KARLA M. GRAY
BRIAN MORRIS
JIM RICE
JOHN WARNER
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