Do Yourself a Favor: Get a Court Reporter at that Impactful Hearing

In a recent article, I discussed a trial court granting a defendant’s motion to discharge a lis pendens.  The plaintiff appealed by filing a petition for a writ of certiorari since the discharge of a lis pendens would constitute irreparable harm to support certiorari relief. However, at the hearing with the trial court on the motion to discharge the lis pendens, there was no court reporter.  As a result, the appellate court applied the presumption of correctness to the trial court’s ruling: "[T]he transcript is necessary for our review of the issue alleged, particularly when [the defendant] asserts that [the plaintiff's] entitlement...