Get a transcript for Special Master proceedings to preserve appeal
Special master proceedings often occur in a conference room instead of a courtroom, and may seem informal. However, the Court will eventually rely upon findings made by the special master. Therefore, if you want to be able to seek appellate our trial court review of the special master’s factual findings, it is essential to have a record made of the evidence and argument upon which the special master relied.
This need was highlighted in the case of Karlen v Reliance Equities LLC, 291 Ga 549 (2012). The appellant Karlen argued that the trial court erred in rejecting her adverse possession claim. However, the Georgia Supreme Court did not even consider her argument because “no transcript was made of the proceeding before the special master in which the facts of the case were established, the special master’s findings on which the trial court’s judgment was based cannot be reviewed.” Id. at 550.