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IN THE UTAH COURT OF APPEALS ----ooOoo---Jason R. Anderson, Petitioner and Appellee, v. Elizabeth Allred fka Elizabeth Anderson, Respondent and Appellant. ) ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20080447-CA F I L E D (January 2, 2009) 2009 UT App 5

----Sixth District, Richfield Department, 054600149 The Honorable David L. Mower Attorneys: Elizabeth Allred, Spring City, Appellant Pro Se Douglas L. Neeley, Manti, for Appellee ----Before Judges Greenwood, Billings, and Orme. PER CURIAM: Elizabeth Allred, formerly known as Elizabeth Anderson, appeals from the trial court's order regarding custody and child support. Because an inadequate record prevents this court from reviewing the issues, we affirm. Allred asserts the trial court erred in determining certain facts and making conclusions based on those facts. However, she did not provide a transcript of the January 2008 trial on these issues. Rule 11(e)(2) of the Utah Rules of Appellate Procedure specifies the requirement for a transcript. "If the appellant intends to urge on appeal that a finding or conclusion is unsupported by or is contrary to the evidence, the appellant shall include in the record a transcript of all evidence relevant to such finding or conclusion." Utah R. App. P. 11(e)(2). "Parties claiming error below and seeking appellate review have the duty and responsibility to support their allegations with an adequate record." State v. Wetzel, 868 P.2d 64, 67 (Utah 1993). "Absent that record, defendant's assignment of error stands as a unilateral allegation which the reviewing court has no power to determine." State v. Penman, 964 P.2d 1157, 1162 (Utah Ct. App. 1998). Allred's failure to provide a transcript of the trial precludes this court from reaching her claims of error. "In the

face of 'an inadequate record on appeal, [we] must assume the regularity of the proceedings below.'" State v. Miller, 718 P.2d 403, 405 (Utah 1986) (per curiam) (citation omitted). In her reply brief, Allred asserts that she has provided a sufficient record by presenting her recollection of the trial and evidence as permitted under rule 11(g). However, she has not followed the process that would permit her to proceed without a transcript. Rule 11(g) provides that if an appellant is impecunious and so cannot provide a transcript, "the appellant may prepare a statement of the evidence or proceedings from the best available means, including recollection." Utah R. App. P. 11(g). To proceed with a statement of the evidence under rule 11(g), the appellant must serve the proposed statement on the appellee, who may then object or propose amendments to the statement within ten days. See id. The statement and any objections or amendments then "shall be submitted to the trial court for settlement and approval and, as settled and approved, shall be included" in the record on appeal. Id. Allred did not follow this process to construct an approved statement of evidence under rule 11. Accordingly, her unilateral narrative is insufficient to constitute a statement of the evidence for purposes of an appeal. As a result, there is no transcript and no statement of the evidence, and the record is inadequate to permit review. Affirmed.

______________________________ Pamela T. Greenwood, Presiding Judge

______________________________ Judith M. Billings, Judge

______________________________ Gregory K. Orme, Judge

20080447-CA

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