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judgment or decision from which appeal will lie, as the cause of action is still pending in the trial court.’ (Citations omitted.) McCuen v. State, 191 Ga.App. 645, 646 (382 S.E.2d 422) (1989). Consequently, the trial court was not divested of jurisdiction to retry Reedman on the theft by receiving charge.” Howard v. Lane, 276 Ga. 688, 581 S.E.2d 1 (May 19, 2003). Under OCGA § 5-7-1(a), State could not appeal trial court’s refusal to hold jury trial where defendant waived right to jury trial. But see J. Carley’s concurrence, asserting right to jury trial belongs not just to defendant under Ga. Const. Art. I, Sec. I, Para. XVI. See also Zigan v. State , 281 Ga. 415, 638 S.E.2d 322 (November 30, 2006) (Trial court properly ruled that it could not conduct a bench trial instead of a jury trial over the State’s objection, notwithstanding defendant’s waiver of jury trial.). Cain v. State, 275 Ga. 784, 573 S.E.2d 46 (November 25, 2002). Defendant filed a “motion to allow an out of time appeal” when time for appeal had not, in fact, expired. Trial court denied the motion, without explanation. In a 4-3 ruling, Supreme Court adopts “functional equivalent” rule: “when a document evinces a litigant’s intent to seek appellate review, the litigant’s motivation in filing the document is immaterial so long as the filing provides sufficient notice to other parties and the court of the litigant’s intent to appeal.” G. APPEAL, RECORD/TRANSCRIPT See also ATTORNEYS – APPOINTMENT OF COUNSEL– APPEALS/POST-CONVICTION RELIEF, and ATTORNEYS – APPOINTMENT OF COUNSEL – FINDING OF INDIGENCE, above Williams v. State, A15A1973, ___ Ga.App. ___, ___ S.E.2d ___, 2016 WL 1177089 (March 28, 2016). Conviction for driving without license reversed; State waived any objection to inclusion of an audio recording of the proceedings below. “‘Appellee shall be deemed to have waived any failure of the appellant to comply with the provisions of the Appellate Practice Act relating to the filing of the transcript of the evidence and proceedings or transmittal of the record to this Court, unless objection thereto was made and ruled upon in the trial court prior to transmittal and such order is appealed as provided by law.’ Court of Appeals Rule 20; see also Bowden v. State, 304 Ga.App. 896, 898 n. 1, 698 S.E.2d 372 (2010) (arguments not raised by the State in the trial court will not be considered for the first time on appeal). The State waived any objection not only below, but also in this court, when it failed to object either to Williams’ motion to supplement the record with the recording, or to Williams’ request for oral argument, in which he again indicated his intention to rely on the recording.” Court of Appeals uses the recording here to discount State’s version of events at trial. Roberson v. State, 335 Ga.App. 606, 782 S.E.2d 671 (February 8, 2016). Physical precedent only. Family-violence simple battery conviction affirmed; trial court properly determined that defendant was not indigent and thus entitled to a free trial transcript. 1. “‘The judgment of the court on all issues of fact concerning the ability of a party to pay costs or give bond shall be final.’ OCGA § 9–15–2(a)(2); see Penland v. State, 256 Ga. 641, 641, 352 S.E.2d 385 (1987) (upholding constitutionality of this rule of finality on questions of indigence in a criminal case, including for the purpose of obtaining a copy of a trial transcript at government expense). Accordingly, the trial court’s decision regarding Roberson’s ability to pay for a trial transcript is affirmed.” 2. Although the Georgia Indigent Defense Act of 2003 (“IDA”) allows the circuit public defender, not the court, to determine whether a defendant qualifies for appointed counsel, “nothing in the IDA provides that the public defender office’s determination regarding a defendant’s status as indigent for the purpose of representation automatically applies to a determination of indigence for the purpose of requiring the county to provide an appellate transcript free of charge to an indigent defendant. In fact, transcripts are not specifically mentioned at any place in the IDA. … (B)ecause the IDA does not pertain to a determination of indigence for the purpose of providing a transcript free of charge to indigent defendants, it follows that the trial court retains discretion, as described above, to determine whether a defendant is indigent for the purpose of holding a county responsible for the cost of a transcript.” Walton v. State, 334 Ga.App. 625, 780 S.E.2d 680 (November 17, 2015). Following speeding conviction, trial court properly denied non-indigent defendant’s motion for free trial transcript “pursuant to Judicial Council of Georgia Rule 2.3(A), effective January 1, 2015.” Said rule provides for free digital copies of the transcript after filing with the clerk. First, however, “OCGA § 15–14–5 provides in part: ‘[i]t shall be the duty of each court reporter to transcribe the evidence and other proceedings of which he has taken notes as provided by law whenever requested so to do by counsel for any party to such case and upon being paid the legal fees for such transcripts.’ The Judicial Council rule cannot trump this statute.” Leavell v. State, 331 Ga.App. 304, 771 S.E.2d 48 (March 19, 2015). Appeal from DUI conviction remanded for determination of indigency, and thus eligibility to obtain free transcript on appeal. “From the record, … it is unclear