Background
Clayton H. Thompson brought an unlawful-detainer action seeking possession of real property and the residence on it. The Jefferson County Magistrate Court awarded him possession in October 2023, requiring Tamara C. Thompson to vacate.
On Tamara Thompson’s de novo appeal, the Circuit Court of Jefferson County upheld that result after a bench trial. Its later final order found that Thompson had conveyed her ownership interest by quitclaim deed following her divorce from Clayton Thompson’s son, Brian, and that Brian’s later death vested full ownership in Clayton Thompson.
The Court’s Holding
The Intermediate Court of Appeals affirmed. It held that Tamara Thompson had not supplied an appellate record that affirmatively demonstrated error, particularly because the appendix lacked the circuit-court trial transcript and relevant materials showing how her claims were raised and preserved below.
Thompson principally challenged the quitclaim deeds and marital settlement agreement as fraudulent or the product of undue influence, relying in part on purported new evidence. The court declined to consider material outside the record, found her briefing and record citations inadequate, and concluded that she had shown neither clear error nor an abuse of discretion by the circuit court.
Key Takeaways
- An appellant bears the burden to provide a record affirmatively showing reversible error.
- Missing trial transcripts and inadequate record citations can prevent appellate review of factual and preservation-based claims.
- Self-represented litigants must comply with the appellate rules.
Why It Matters
The decision underscores that claims attacking property transfers on fraud, forgery, or newly discovered evidence grounds must be supported by a properly developed and preserved record. An appellate court will not fill evidentiary gaps or consider evidence that was not presented below.