Lack of a Transcript Is Fatal to An Appeal
Rule 72.1 (e) provides that the citation issued to the custodian of the records of the court below shall direct them to provide a certified copy of the record of the proceedings below and a certified typewritten copy of the evidence.
The remedy for failure to provide a transcript is a possible dismissal. Rule 39(g) states that an appeal may be dismissed for failure to comply with a statutory requirement or rule or order of this court, as does Civil Rule 72.1. CCP Crim. R.39(g); CCP Civ. R. 72.1(i).
However, the rule does not require dismissal, stating that the discretion lies with the Court, and may be exercised where dismissal is appropriate.