Jimmi Cerna v. Erika Cornejo

• Court: Court of Appeals of Georgia
• Decided: October 26, 2023
• Docket: A24E0024
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ October 26, 2023

The Court of Appeals hereby passes the following order:

A24E0024. JIMMI CERNA v. ERIKA CORNEJO.

In this domestic relations action, the trial court entered a “Final Order” on

October 11, 2023. Thereafter, on October 23, 2023, Jimmi Cerna filed in this Court

an emergency motion, seeking an order compelling “the trial court and court reporter

to produce a copy of the trial transcript of the final hearing to [Cerna] and file the

original thereof with the clerk for inclusion with the record for transmission to this

Court on appeal.”1 As Cerna represents, his counsel requested and paid for a copy of

the transcript, but the court reporter informed his counsel that consent from opposing

counsel was required before she could prepare the transcript. Cerna represents further

that opposing counsel thereafter revealed to his (Cerna’s) counsel: “It is our position

that your client was not present during calendar call nor even at the beginning of the

hearing, and never indicated that he would share in takedown. As such, he is not

entitled to a copy of the transcript.” Cerna thus anticipates in his emergency motion

that requesting relief from “the trial court would be futile.”

1 Cerna filed an amendment to such emergency motion on October 25, 2023.

1 Cerna’s motion, as amended, fails to satisfy the standard for emergency relief

set forth in Court of Appeals Rule 40 (b) or the standard for mandamus relief set forth

in Court of Appeals Rule 40 (c). Accordingly, his motion, as amended, is hereby

DENIED. Cerna may, however, pursue relief in the trial court.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 10/26/2023 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.