Lewis v. Collins

Louisiana Court of Appeal

Lewis v. Collins

329 So. 2d 485, 1976 La. App. LEXIS 3745

CourtLouisiana Court of Appeal

DecidedJanuary 13, 1976

DocketNo. 6347

StatusPublished

Cited by3 cases

This text of 329 So. 2d 485 (Lewis v. Collins) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Lewis v. Collins, 329 So. 2d 485, 1976 La. App. LEXIS 3745 (La. Ct. App. 1976).

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Opinion

PER CURIAM.

Defendant moves dismissal of this appeal on the sole ground that the appellant has refused to post an advance deposit required by the court reporter before transcribing the testimony, as a result of which the transcript has not been made and the record has not been lodged with this court by the return date.

We hold that the court reporter has no authority to require a deposit before transcribing the testimony for appeal. The legislature has protected the court reporter against an appellant’s abandoning the appeal without paying for the transcript by requiring an appeal bond for “all costs due by the appellant,” C.C.P. 2124. (Here, $250 cash was posted.) Perhaps the reporter may await filing of the bond before transcribing the testimony (or request the judge to increase the bond in an appropriate situation), but the reporter may not refuse to transcribe the testimony once bond has been posted.

The court reporter’s failure to transcribe the testimony is therefore not attributable to any fault of appellant, nor is the clerk’s consequential inability to prepare and file the record.

“Failure of the clerk to prepare and lodge the record on appeal either timely or correctly shall not prejudice the appeal.” C.C.P. 2127.

The motion is therefore denied.

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PER CURIAM.

Defendant moves dismissal of this appeal on the sole ground that the appellant has refused to post an advance deposit required by the court reporter before transcribing the testimony, as a result of which the transcript has not been made and the record has not been lodged with this court by the return date.

We hold that the court reporter has no authority to require a deposit before transcribing the testimony for appeal. The legislature has protected the court reporter against an appellant’s abandoning the appeal without paying for the transcript by requiring an appeal bond for “all costs due by the appellant,” C.C.P. 2124. (Here, $250 cash was posted.) Perhaps the reporter may await filing of the bond before transcribing the testimony (or request the judge to increase the bond in an appropriate situation), but the reporter may not refuse to transcribe the testimony once bond has been posted.

The court reporter’s failure to transcribe the testimony is therefore not attributable to any fault of appellant, nor is the clerk’s consequential inability to prepare and file the record.

“Failure of the clerk to prepare and lodge the record on appeal either timely or correctly shall not prejudice the appeal.” C.C.P. 2127.

The motion is therefore denied.

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329 So. 2d 485, 1976 La. App. LEXIS 3745, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-collins-lactapp-1976.

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