337 Ga. App. 221
Ga. Ct. App.2016Background
- Nancy Murphy (plaintiff) sued court reporter Nan Freeman and Freeman Reporting after a custody hearing transcript initially omitted late objections; Freeman later filed an addendum and initially refused to release the audio recording but agreed to place copies in the clerk’s office.
- Murphy filed a federal- and state-constitutional complaint (later amended to tort and contract claims) against Freeman and others; non-Fulton defendants were dismissed and the case was transferred to Troup County.
- Freeman moved for summary judgment; Murphy amended her complaint to allege fraud/negligent misrepresentation, breach of contract, conversion/unjust enrichment, negligence, and punitive damages.
- The trial court granted summary judgment for Freeman on all claims; afterward the trial court ordered that parties not directly contact its court reporter and required transcript requests to follow OCGA § 5-6-41 et seq.
- On appeal Murphy challenged the summary-judgment ruling and the order prohibiting direct contact with the court reporter; the Court of Appeals found procedural and substantive defects in Murphy’s briefing and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment was improper on Murphy's amended tort/contract claims | Murphy claimed disputed facts (e.g., transcript/audio withholding) created triable issues | Freeman argued no genuine dispute of material fact; asserted defenses including lack of private right, qualified immunity for constitutional claims, and mootness; moved for summary judgment | Affirmed: Murphy failed to identify material disputed facts or cite elements; self-serving conclusory affidavits insufficient to defeat summary judgment |
| Whether Freeman’s transcript/addendum and refusal to initially release audio violated rights | Murphy alleged Freeman omitted objections and unlawfully withheld audio, causing constitutional/statutory harm | Freeman produced an addendum and agreed to place audio in clerk’s office; maintained recordings were her work product/personal property until resolved | Court accepted record: Freeman provided remedy; no triable claim shown in amended pleadings; original constitutional claims were dismissed/abandoned |
| Whether trial court erred by barring parties from directly contacting the court reporter | Murphy argued the order deprived her ability to obtain transcripts and violated rights | Freeman and trial court argued the order merely required compliance with OCGA § 5-6-41 procedures for supplementing the record and obtaining transcripts | Affirmed: Order does not forbid obtaining transcripts; it requires formal requests and provides for hearings to resolve disputes over the record |
| Whether appellate briefing warranted sanctions | Murphy/counsel included numerous unsupported accusations, irrelevant allegations, and scant legal authority | Freeman moved to dismiss as moot and sought sanctions; Court cited repeated prior misconduct by counsel | Court imposed $2,500 monetary penalty on Murphy's counsel for willful repeated rule violations and admonished against further conduct |
Key Cases Cited
- Matjoulis v. Integon Gen. Ins. Corp., 226 Ga. App. 459 (standard of review for summary judgment)
- J. Kinson Cook of Ga., Inc. v. Heery/Mitchell, 284 Ga. App. 552 (self-serving conclusory affidavits insufficient to create genuine issues)
- Foster v. Ramsey, 245 Ga. App. 118 (affidavit precedent on summary-judgment issues)
- Allan v. Jefferson Lakeside, L.P., 333 Ga. App. 222 (procedural point about transcript deadlines; cited as inapposite here)
- Hardwick v. Williams, 272 Ga. App. 680 (Court of Appeals Rule 15 sanctions authority)
- Sacher v. United States, 343 U.S. 1 (statement on contempt and proper courtroom demeanor)
- Murphy v. Murphy, 328 Ga. App. 767 (prior opinion criticizing counsel’s conduct)
- Murphy v. Murphy, 330 Ga. App. 169 (prior contempt/sanction history)