289 Ga. 821
Ga.2011Background
- Stacey Kent filed for divorce from Jeffrey Kent, Sr. on July 15, 2009 after 23 years of marriage.
- A bench trial occurred November 15, 2010 with a court reporter present at Wife’s request; fairness of who bears takedown costs was raised at trial.
- After trial, the court asked who would be billed for the reporter; Wife’s attorney stated Husband would bear the cost, but Husband’s counsel remained silent.
- On November 23, 2010 the trial court issued findings by letter; Husband moved for an official transcript, offering to pay all costs.
- The December 20, 2010 divorce decree was entered; January 5, 2011 hearing addressed the transcript motion and January 19, 2011 denial followed.
- Georgia Supreme Court granted discretionary review, consolidated with an extraordinary motion for relief, and reversed the transcript denial on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in denying the transcript | Kent | Kent | Yes; transcript denial reversed, case remanded |
| Whether Harrington/Giddings require express initial refusal to pay takedown costs | Kent relied on Harrington/Giddings to obtain transcript | Kent allowed denial based on silence | No; failure to express refusal at trial cannot alone defeat transcript |
| Whether Harrington rule should be replaced by case-by-case inquiry | Husband should get transcript despite silence | Wife argues for strict Harrington/Giddings rule | Rejected; rule remains bright-line; no case-by-case intent test |
| Remedy on remand | Transcript needed to appeal the decree | No transcript required post-decree challenges | Remand to grant appropriate transcript; appeal can then proceed |
| Mootness of Extraordinary Motion for Relief | Relief necessary for full review | moot after ruling on transcript denial | Moot; motion dismissed |
Key Cases Cited
- Harrington v. Harrington, 224 Ga. 305 (Ga. 1968) (transcript requirement when testing need for appellate review)
- Giddings v. Starks, 240 Ga. 496 (Ga. 1978) (express refusal must be at trial start; silence not enough)
- Ga. American Ins. Co. v. Varnum, 182 Ga.App. 907 (Ga. App. 1987) (transcript accessibility after filing; public record)
- BMW Bank of North America v. Short, 300 Ga.App. 430 (Ga. App. 2009) (arbitration transcript denial; express/refusal distinctions discussed)
- Ruffin v. Banks, 249 Ga.App. 297 (Ga. App. 2001) (discusses express refusal vs. silence in takedown costs)
- Tow v. Reed, 180 Ga.App. 609 (Ga. App. 1986) (application of Harrington rule without explicit trial-start ruling)