Yetman v. Walsh

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• appellant is required to state whether transcript will be filed and specification that “nothing” is to be omitted from the record would not imply that transcript is to be included
• “The burden is upon the party assigning error to show it affirmatively by the record. Where no transcript is included in the record on appeal, we must assume that the evidence was sufficient to support the judgment.”
• where appellant, in her notice of appeal, asked that the trial court omit nothing from the record on appeal but failed to address the presence of a transcript, there is no inference that the transcript is to be included in the record
• “‘[t]he specification that “nothing” is to be omitted from the record would not infer that the transcript is to be included, since the appellant is required to state whether the transcript will be filed, in addition to designating any portion of the record to be omitted’”
• “Similar to a ruling on a motion for summary judgment in a civil action, a ruling on whether probable cause exists to proceed in a conservatorship proceeding is a pre-trial procedure that is designed to ferret out meritless claims without the expense and trouble of a trial.”
• “Similar to a ruling on a motion for summary judgment in a civil action, a ruling on whether probable cause exists to proceed in a conservatorship 10 proceeding is a pre-trial procedure that is designed to ferret out meritless claims without the expense and trouble of a trial.”

Source: CourtListener parenthetical corpus (CC0).