Legal Opinion · Concurrence

Truitt v. Mason

Court of Appeals of Georgia

Decided October 5, 1988No. 76764, 76765Published

1ConcurrenceBeasley, Judge

I concur but with the caveat that OCGA § 9-11-26 (b) (3) should not be permitted to be used as a bypass of the fees earned by a court reporter for copies of a transcript which is prepared pursuant to one party’s exercise of the right conferred by OCGA § 5-6-41 (j) and later desired by someone such as a prosecuting witness that participated in the court proceeding. See Robinson v. J. C. Penney Co., 124 Ga. App. 221, 224 (183 SE2d 782) (1971).

I am authorized to state that Presiding Judge Banke joins in this special concurrence.

Edward J. Bauer, for appellee.

2Cases cited1 opinion

  1. Robinson v. JC PENNEY CO., INC.Court of Appeals of Georgia · 1971