November 25, 2013
DANNY JOHNSON, Plaintiff-Respondent,
ERICK JOHNSON, Defendant-Appellant.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted October 21, 2013
On appeal from the Superior Court of New Jersey, Law Division, Special Civil Part, Union County, Docket No. DC-017290-11.
Erick Johnson, appellant pro se.
Respondent has not filed a brief.
Before Judges Harris and Guadagno.
Defendant Erick Johnson appeals from the February 3, 2012 order of the Law Division, granting judgment in favor of his brother, plaintiff Danny Johnson in the amount of $7, 438 after a non-jury trial. Defendant also appeals the dismissal of his counterclaims against plaintiff.
The trial began on February 2, 2012, and concluded on February 3, 2012. Defendant provided only the transcript of February 3. After he was afforded an opportunity to correct the deficiency, defendant notified our clerk's office that he would not be providing the missing transcript.
Rule 2:5-4 provides that the record on appeal shall consist of all papers on file in the court including "the stenographic transcript or statement of the proceedings therein[.]" Without the transcript of the first day of trial, meaningful review of the issues raised by defendant is not possible.
The appeal is dismissed.