Burden of Showing Error & Injury on Appeal - L.D.K. V. V.K


L.D.K. v. V.K., [Ms. 2160205, June 23, 2017] __ So. 3d __ (Ala. Civ. App. 2017). The Court affirms a judgment entered by the Elmore Circuit Court awarding custody of a child to the child's maternal aunt after determining that the mother failed to meet her burden of proving error on appeal:

... the circuit court indicated that it had heard ore tenus testimony, but the mother did not order the transcript of the trial, nor did she comply with the procedure to establish a "Statement of the Evidence or Proceedings" pursuant to Rule 10(d), Ala. R. App. P. "An appellant bears the burden of ensuring that the record contains sufficient evidence to warrant reversal." Bobo v. Bobo, 585 So. 2d 54, 56 (Ala. Civ. App. 1991). "[W]hen, as in this case, 'oral testimony is considered by the trial court in reaching its judgment and that testimony is not present in the record as either a transcript or Rule 10(d), A[la]. R. A[pp]. P., statement, it must be conclusively presumed that the testimony [was] sufficient to support the judgment." Beverly v. Beverly, 28 So. 3d 1, 4 (Ala. Civ. App. 2009) (quoting Rudolph v. Rudolph, 586 So. 2d 929, 930 (Ala. Civ. App. 1991)). Therefore, we must affirm the circuit court's judgment.

Ms. *3.

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