Bean v. Red Oak Property Management, Inc., 151 N.H. 248 (2004)

The plaintiff filed a timely notice of appeal with this court. Under our new appellate rules, which took effect on January 1, 2004, the plaintiffs appeal is a “mandatory” appeal. A timely-filed mandatory appeal is automatically accepted by the court for review on the merits. See Sup. CT. R. 3. Question twelve on the notice of appeal form filed by the plaintiff asks whether a transcript of the trial court proceedings is necessary for this appeal. In response, the plaintiff answered “No.” Consistent with that answer, the plaintiff did not fill out the transcript order form on page four of the notice of appeal form. Accordingly, the clerk of court issued an order on February 4, 2004, accepting the case and ordering the parties to file briefs, and no transcript of the district court proceedings was ordered to be prepared.