Worthy v. CTX Mortgage Co. CA4/2
After entry of default and a subsequent evidentiary hearing, the trial court rejected the request of plaintiffs and appellants Derrick L. Worthy and Tara L. Phillips-Worthy for entry of judgment in their favor on the single cause of action asserted in their complaint for quiet title, and ordered the action dismissed with prejudice. Plaintiffs, representing themselves in propria persona, appeal, arguing that the trial court should have instead granted their request.
We affirm the judgment of dismissal. Plaintiffs have failed to carry their burden of presenting an adequate record on appeal, as there is no record of the oral proceedings at the evidentiary hearing. (Rules of Court, rule 8.120(b).) And the record, such as it is, does not demonstrate that plaintiffs could adequately plead or prove a cause of action for quiet title; quite the contrary. The complaint was properly dismissed with prejudice.
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