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Strausbaugh v. Lumpkin

Court of Appeals of Mississippi

June 18, 2019

STEVE STRAUSBAUGH APPELLANT
v.
BRENDA LUMPKIN AND DIANE MARS APPELLEES

          DATE OF JUDGMENT: 02/14/2018

          PEARL RIVER COUNTY CIRCUIT COURT, HON. PRENTISS GREENE HARRELL TRIAL JUDGE

          ATTORNEY FOR APPELLANT: STEVE STRAUSBAUGH (PRO SE)

          ATTORNEY FOR APPELLEES: NATHAN S. FARMER

          BEFORE CARLTON, P.J., LAWRENCE AND C. WILSON, JJ.

          LAWRENCE, J.

         ¶1. 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.

         STANDARD OF REVIEW

         ¶2. 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).

         DISCUSSION

         ¶3. 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 ...

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