Dogan v. Comanche Hills Apartments, Inc., No. D072328 (D4d1 Jan. 22, 2019)
In Jameson v. Desta, the Supreme Court held that indigent litigants with fee waivers have a right to a free court reporter. If the failure to provide a reporter results in the litigant’s inability to litigate her appeal due to the lack of an inadequate record, an appellate court needs to reverse and remand for further proceedings.
Plaintiff got nonsuited after the close of her evidence But there was no reporter due to the same policy that was invalidated in Jameson. In reversing, the Court of Appeal holds that the description of the evidence in the trial court’s minute order was not a meaningful substitute for an actual reporter’s transcript. And although the trial in this case happened before the Jameson decision, the Court holds that the Jameson rule applies retroactively to all cases that are not yet final on appeal.
Reversed.
In Jameson v. Desta, the Supreme Court held that indigent litigants with fee waivers have a right to a free court reporter. If the failure to provide a reporter results in the litigant’s inability to litigate her appeal due to the lack of an inadequate record, an appellate court needs to reverse and remand for further proceedings.
Plaintiff got nonsuited after the close of her evidence But there was no reporter due to the same policy that was invalidated in Jameson. In reversing, the Court of Appeal holds that the description of the evidence in the trial court’s minute order was not a meaningful substitute for an actual reporter’s transcript. And although the trial in this case happened before the Jameson decision, the Court holds that the Jameson rule applies retroactively to all cases that are not yet final on appeal.
Reversed.
