On Monday the Colorado Supreme Court issued an important opinion for appellate practitioners. In Northstar v. DLR Group, Inc., a breach of contract case, the appellant challenged the jury's verdict on sufficiency-of-evidence grounds. The appellant designated only part of the trial transcript, and the appellee argued before the Court of Appeals that the appellant had failed to comply with C.A.R. 10(b) by failing to designate the entire transcript.
The Court of Appeals disagreed, holding that the designated portions of the transcript were adequte to review the appellant's sufficiency challenge, and further that it was incumbent on the appellee to designate additional portions of the record that it deemed necessary to refute the appellant's sufficiency argument.
The Colorado Supreme Court disagreed. In an analysis that spans all of four pages, the unanimous Court held that the plain language of Rule 10(b) squarely places on the appellant the burden of designating "all evidence relevant" to the finding challenged on sufficiency-of-the-evidence grounds. Because the sole issue tried before the trial court was breach of contract, the Court concluded that all of the evidence presented at trial was necessarily relevant to the question of sufficiency. The apellant's failure to designate the entire trial transcript therefore resulted in the dismissal of the appeal.
The Court's decision is here.