In Crescendo Investments, Inc. v. Brice, 61 S.W.3d 465, 480 (Tex. App.--San Antonio 2001, pet. denied), the appellant challenged the trial court's award of the costs for certified copies of depositions and trial transcripts. The court cited the language of section 31.007(b)(2) and held that "transcripts 'necessarily obtained for use in the suit' seems to obviously include depositions . . . used to question witnesses and prepare for argument at trial." Id. at 480-81 (quoting TEX. CIV. PRAC. & REM. CODE ANN. 31.007(b)(2)). It also concluded that obtaining certified copies of depositions does not constitute "making copies" as prohibited by civil procedure rule 140. Id. at 481. In Crescendo Inv., Inc. v. Brice, the trial court awarded appellees their costs for certified copies of depositions and trial transcripts. Brice, 61 S.W.3d at 480-81. The Court stated, "transcripts 'necessarily obtained for use in the suit' seems to obviously include trial testimony used to question witnesses and prepare for argument at trial." Id. The Court found no abuse of discretion because the appellees in Brice were not recovering for "making copies" as prohibited by Rule 140. Id. at 481.