OF JUDGMENT: 02/14/2018
RIVER COUNTY CIRCUIT COURT, HON. PRENTISS GREENE HARRELL
ATTORNEY FOR APPELLANT: STEVE STRAUSBAUGH (PRO SE)
ATTORNEY FOR APPELLEES: NATHAN S. FARMER
CARLTON, P.J., LAWRENCE AND C. WILSON, JJ.
Steve Strausbaugh filed suit against Brenda Lumpkin and Diane
Mars (Defendants), claiming they sold him property with
undisclosed termite damage. The Defendants filed a motion for
summary judgment, which the Pearl River County Circuit Court
granted. Strausbaugh appealed pro se. When designating the
record on appeal, Strausbaugh intentionally omitted documents
in the record necessary for our review. As a result, we
presume the circuit court's ruling that Strausbaugh has
raised no genuine issue of material fact was correct.
Accordingly, we affirm.
An appellate court conducts a de novo review of a ruling
court's decision to grant a motion for summary judgment.
Terry v. Oby T. Rogers PLLC, 256 So.3d 1175, 1180
(¶31) (Miss. 2018). We must determine whether "the
pleadings, depositions, answers to interrogatories and
admissions on file, together with the affidavits, if any,
show that there is no genuine issue as to any material fact
and that the moving party is entitled to a judgment as a
matter of law." M.R.C.P. 56(c).
Strausbaugh's pro se designation of the record states:
Pursuant to M.R.A.P. 10(b)(1), plaintiff designates the
following parts of the record as being necessary to be
included on appeal:
NONE of the clerk's papers, trial transcripts[, ] and
exhibits filed, taken[, ] or offered in this case.
The relevant documents were not allowed to be accepted by the
court on the day of hearing as I was not allowed access to my
email as was the defendants['] attorney and/or were not
available on the ...