In this case, the basis of the appeal is a claim that the evidence does not support the
findings of fact of the Small Claims Court. Mr. Fischer noted in his Reply Memorandum that
Mr. McCarthy had not filed a memorandum of law. While this is true, it was unnecessary for
him to do so, since in Mr. McCarthy’s Statement of Legal Questions, he was explicit that he
was not appealing on the basis of any legal rulings, but rather on whether the factual findings
were supported by evidence, and he identified the specific findings that he challenged. Those
issues are addressed below. It should be noted that although Mr. McCarthy attached
documents to his Statement of Legal Questions, this court has not considered those in
deciding the case, as it is too late for the submission of additional evidence. An appeal is
decided solely on the basis of the evidence presented at the hearing.