Lewis v. Collins

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…