Jenkins v. Jenkins

HOLMES, Judge.

This is a divorce case.

The dispositive issue on appeal is whether the trial court erred in denying the wife’s motion for a continuance. The basis of the continuance motion was that no court reporter was present to transcribe the testimony. We find the trial court did not err and affirm.

The controlling statute, as conceded by all parties, is Act No. 25, Acts of Alabama, Second Special Session 1971, and in pertinent part is as follows:

“The judge shall secure the services of a competent reporter to attend the sessions of the court and report all equity cases tried when request in…