Brooker v. Brown
307 Ga. App. 10
| Ga. Ct. App. | 2010Background
- Brooker and Brown are unmarried parents of a two-year-old son.
- Brown was awarded primary physical custody following their separation.
- Brooker, pro se, sought modification of custody and child support, alleging Brown neglected the child’s medical needs.
- Trial court held no material change in circumstances since the last custody order, denied modification, and awarded Brown attorney fees and deposition costs.
- Brooker appealed, challenging evidentiary rulings and the court’s handling of a subpoena and alleged false swearing by Brown.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of medical records | Brooker contends hospital records should have been admitted. | Brown asserts records were not properly proffered/identified for review. | Error not preserved; no proffer or identification; issue discarded. |
| Admission of audio recording | Brooker argues recording of Brown’s voicemail should be admitted. | Brown opposes admission; court reserved ruling and nothing later sought. | No appellate review because no post-reservation ruling pursued. |
| Enforcement of subpoena for physician | Brooker seeks enforcement for physician to testify. | Subpoena enforcement not ruled on below. | Waived for lack of a trial court ruling on enforceability. |
| Striking Brown's testimony for false swearing | Brown allegedly committed false swearing in testimony. | No manifest purpose to testify falsely shown; credibility issue. | Trial court did not err; testimony not stricken; inconsistencies for credibility. |
Key Cases Cited
- Meier v. State, 190 Ga.App. 625 (Ga. App. 1989) (burden on party to complete record when transcript incomplete)
- Coates v. State, 222 Ga.App. 888 (Ga. App. 1996) (record completeness governs appellate review of transcript)
- Thomas v. State, 224 Ga.App. 816 (Ga. App. 1997) (incomplete proffer precludes review of evidentiary issues)
- Ford Motor Co. v. Reese, 300 Ga.App. 82 (Ga. App. 2009) (provisions of evidence preserved by proffer or identification)
- Sasser v. Adkinson, 258 Ga.App. 699 (Ga. App. 2002) (requirements for admissibility and record evidence)
- Bagley v. CSX Transp., 219 Ga.App. 544 (Ga. App. 1995) (evidentiary issues require proper record and specifics)
- Dasher v. State, 285 Ga. 308 (Ga. 2009) (preservation where ruling on admissibility reserved)
- Bacon v. Decatur Fed. Sav. & Loan Assn., 169 Ga.App. 538 (Ga. App. 1984) (preservation when ruling reserved; appellate review limited)
- Macon Coca-Cola Bottling Co. v. Chancey, 101 Ga.App. 166 (Ga. App. 1960) (trial court credibility and evidentiary ruling framework)
- Floyd v. State, 297 Ga.App. 736 (Ga. App. 2009) (false swearing requires manifest falsification or corroboration)
- Hardy v. State, 293 Ga.App. 265 (Ga. App. 2008) (credibility determinations lie with trier of fact when no false swearing shown)