Mower v. McCARTHY

I dissent to the majority holding that a denial of discovery of the transcript of testimony would cause prejudice, undue hardship or injustice. I do not think the record is in shape to so hold.

No findings of fact loere prepared by counsel nor signed or filed by the trial court. After listening to oral argument, the trial court stated into the record his reasons for granting the motion for discovery as follows:

“The decision of the court on this matter is that the transcript of the testimony referred to in the affidafits, and the testimony of the witnesses on this hearing, is not a writing…