Serbin v. Serbin
Serbin v. Serbin
Dissenting Opinion
DISSENTING STATEMENT BY
¶ 1 Because I do not believe that we have the authority to review the order before us, I respectfully dissent.
¶2 As the majority makes clear, the instant appeal involves neither party to this action. Rather, a dispute has arisen between counsel and a court reporter because the court reporter has declined to provide a transcript of an equitable distribution hearing unless and until counsel pays an outstanding balance on a custody trial transcript. Counsel is willing to pay for the equitable distribution transcript but disputes the reporter’s entitlement to payment for the custody trial transcript. The majority concludes, based on the Uniform Rules Governing Court Reporting and Transcripts, Pa.R.C.P. 5000.1-5000.13, that the trial court had the authority to order counsel to pay the disputed custody trial transcript invoice.
¶3 I do not believe that the instant order is appealable under the Rules of Appellate Procedure. The trial court’s order is clearly not a final order pursuant to Pa.R.A.P. 341. It does not dispose of any claim between the parties. Moreover, I cannot conclude that a dispute over a transcript fee between attorney and a non-party court reporter involves a right too important to be denied review, so as to create an appealable collateral order pursuant to Pa.R.A.P. 313. The Rules of Appellate Procedure provide no authority for review of the order before us. See generally Pa.R.A.P. 301-342. Accordingly, I would quash this appeal.
¶ 4 Furthermore, I believe judicial economy dictates a different approach than that taken by the majority and the trial court. As things stand, the litigation between David and Karen Serbin has been placed on hold pending the outcome of an ancillary proceeding between non-parties. This Court is placed in the position of reviewing an order having nothing to do with the parties to this action or the underlying legal dispute between them.
¶ 6 In light of the foregoing, I respectfully dissent.
Opinion of the Court
¶ 1 The instant appeal does not involve either party to the underlying action, but rather concerns payment due from counsel to court reporters for transcription services. The sole issue for our review is whether a court reporter’s payment request for transcription services is subject to the Pennsylvania Rules of Civil Procedure for commencing a lawsuit. We find that it is not, and affirm the order entered in the Allegheny County Court of Common Pleas on February 28, 2005 directing the payment of fees for those services.
¶ 2 The parties, Karen Serbin (Wife) and David Serbin, were divorced in 2005. Pri- or to the instant appeal,
¶ 8 More than six weeks later, when the court learned Attorney Wynard still had not paid the court reporters’ fees, it scheduled a hearing on the issue of payment for the transcription. At the February 28, 2006 hearing, court reporter Teresa Benson testified that Attorney Wynard had
¶ 4 After the hearing, the trial court entered an order directing Attorney Wy-nard to pay $403 to reporter Benson and $390.50 to reporter Barto within twenty days. Although the order was signed on February 28, 2006, for reasons unknown to the trial court, it was not entered on the trial court docket until March 27. (See Trial Court Opinion at 3). Attorney Wy-nard filed a timely notice of appeal on April 7th. See Pa.R.A.P. 903(a) (providing notice of appeal shall be filed within thirty days after entry of order from which appeal is taken).
¶ 5 Attorney Wynard argues that the trial court lacked personal and subject matter jurisdiction over him, providing statutory and caselaw authority in support of his contentions. However, Attorney Wynard’s arguments are premised on the characterization of court reporters Benson and Barto as private individuals who raised a breach of contract claim and are thus subject to the Pennsylvania Rules of Civil Procedure. Because we find that the instant issue is instead to be evaluated in the context of court employees who are seeking payment for court-related services, we are not persuaded by his arguments.
¶ 6 Rules 5000.1 through 5000.13 of the Pennsylvania Rules of Judicial Administration comprise the Uniform Rules Governing Court Reporting and Transcripts. These rules regulate “the employment and basic duties of all reporters and the production of transcripts.” See Pa.R.J.A. 5000.1, A “court reporter” is defined as “any person employed by a court to record testimony or other spoken material, whether by machine or manual shorthand, electronic recording or other means. Part-time, substitute and contract reporters are included, except where manifestly not appropriate.” Pa.R.J.A. 5000.2(b). Requests and fees, including deposits, for and delivery of transcripts are governed by Rules 5000.4 through 5000.11. See Pa. R.J.A. 5000.4-5000.11.
¶ 7 In addition, while Rule of Civil Procedure 227.3, “Transcript of Testimony,” requires all post-trial motions to contain a request for transcription of the record, the notes thereto refer to Rule of Judicial Administration 5000.5(a) for the procedure for making such request. See Pa.R.C.P. 227.3, Note. The notes also provide, “For rules governing transcript fees and their payment, see Pa.R.J.A. 5000.6, 5000.7 and 5000.11.” Id.
¶ 8 Instantly, Attorney Wynard requested court reporters Benson and Barto to transcribe a custody hearing held before the trial court, but did not remit full payment when the transcripts were prepared. On appeal, he argues the Uniform Rules Governing Court Reporting and Transcripts are not applicable because Ms. Benson and Ms. Barto were not employed by the county or trial court when they transcribed the custody hearing. Instead, he concludes, he had “contracted with
¶ 9 Order affirmed.
¶ 10 Lally-Green, J. files a Dissenting Statement.
. Before the appeal from the child custody award, both parties had appealed from the trial court’s awards of alimony pendente lite and child support. This Court affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.