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Davenport v. Davenport

In a divorce proceeding, the trial court erred in denying the husband's motion to compel production of the trial transcript in the absence of a finding that the court made a ruling at the start of the trial that he refused to participate in paying takedown costs.

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Dustin Davenport Husband and Keisha Davenport Wife were divorced by final decree in the Union County Superior Court. Husband appeared pro se in the divorce proceeding. Wife, who had counsel, paid for a court reporter to record the bench trial on May 5, 2014; Husband did not participate in paying for the takedown. After the trial, Husband hired a lawyer, who filed a motion for new trial and a motion to compel production of the trial transcript which Husband was now willing to pay for, asserting that the trial court failed to make a ruling at the start of the trial that Husband expressly refused to share the takedown expense. In response, Wife claimed that Husband had expressly refused to participate in the takedown after being given an opportunity to do so.

At the hearing on the motion to compel in August 2014, no transcript of the trial or of the discussion of the takedown was presented. Wife’s counsel said that he believed, but could not recall with certainty, that the trial court asked Husband whether he wanted to participate in the takedown and Husband voluntarily decided and indicated that he would not participate in the takedown. Wife’s counsel said that he did not know if the trial court made a ruling on that issue. The trial court said:

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