Appellant challenges a divorce decree and the trial court’s post-decree order denying his motion for a copy of the trial transcript. We hold that the trial court erred in denying the transcript motion, and we should not resolve the challenges to the divorce decree without the transcript. Accordingly, we reverse the transcript order and remand the case. 1. On July 15, 2009, Stacey Kent “Wife” filed for divorce from her husband of 23 years, appellant Jeffrey Kent, Sr. “Husband”. On November 15, 2010, the trial court held a bench trial at which both parties appeared and were represented by counsel. A court reporter was also present at the request of Wife’s attorney. At the outset of the trial, the court asked who had requested the court reporter, because in the Toombs Judicial Circuit, court reporters are non-salaried and available at civil trials only when requested by one or both parties. Wife’s attorney responded that he had requested the court reporter, while Husband’s attorney remained silent. The court then said, “So you will be responsible, then, for her cost,” to which Wife’s attorney replied, “Yes.” Again, Husband’s attorney said nothing. At the conclusion of the trial and after the judge had left the bench, the court reporter, whose tape recorder was still on, asked for clarification regarding whom to bill for attending the trial and taking notes of the proceedings. Wife’s attorney said, “It’s up to Husband’s attorney if he wants in on it or not,” to which Husband’s attorney replied, “I’m going to let Wife’s attorney have it.” Husband asserts that an official transcript has been prepared from the court reporter’s notes, although he cites nothing in the record to support this assertion. Wife denies than an official transcript has been prepared.
On November 23, 2010, the trial court wrote the parties a letter, which was later filed, with findings of fact and conclusions of law. After receiving the letter, Husband filed a motion to require the court reporter to transcribe her notes and provide him with an official transcript of the trial. The motion twice acknowledged that Husband “declined to participate in the take down costs at the time of the trial” but claimed that factual findings in the letter ruling misstated the parties stipulations and were improperly based solely on argument of counsel and not evidence. Thus, the motion said, “it is now imperative that a transcript of the proceedings be produced” so that Husband could effectively appeal the divorce decree. Husband added that he was now willing to pay the entire cost of having the court reporter appear at the trial and of having her transcribe her notes to prepare an official transcript.
