Szabo

BACKGROUND

After Szabo and Protacio opened a gallery and event space together, their relationship soured and a number of conflicts arose. Szabo subsequently sued Protacio for breach of contract, defamation, slander, fraud, violation of privacy, assault, conversion, violation of the “computer abuse act,” invasion of privacy, trespass, breach of fiduciary duty, and negligence,

1 seeking several million dollars in damages. When Szabo obtained a waiver of court fees, the order granting his waiver request stated that he would not have to pay any “[r]eporter’s fee for attendance at hearing or trial, . . . if [he were to] request that the court provide an official reporter.” Protacio subsequently filed a cross-complaint against Szabo, alleging breach of their partnership agreement and other claims not at issue in this appeal.

During the two-day trial, no court reporter was present to transcribe the proceedings. The trial court heard testimony from six witnesses, including Szabo and Protacio, and received numerous exhibits into evidence. After Szabo rested his case, Protacio successfully moved to dismiss all of Szabo’s claims for insufficient evidence. The court dismissed Szabo’s…