Diane J. Hanson v. Forsyth County
A17A1736
| Ga. Ct. App. | Jun 8, 2017Background
- Diane and Henry Hanson appealed a trial-court decision and moved to supplement the appellate record with several documents they say were omitted or not filed below: their trial brief and docket entry showing it, a proposed order denying Forsyth County’s summary-judgment motion, evidence of dismissal of Henry Hanson’s criminal charges, and Forsyth County building-permit applications.
- The Hansons invoked OCGA § 5-6-48(d) (court’s power to correct or complete the record) and argued the omitted materials were considered by the trial court or otherwise necessary to present the true record on appeal.
- Forsyth County responded that the Hansons failed to follow trial-court statutory procedures to file or preserve those materials and that materials not filed below should not be considered on appeal.
- The Court of Appeals summarized the governing principle: appellate courts may, in their discretion, order supplementation to ensure the record reflects the true and complete facts as they occurred in the trial court, and parties must have a fair opportunity to present key evidence relied on below.
- The court found some of the documents were never filed with the trial court (so could not have been forwarded in the record) but acknowledged precedents allowing remand where the trial court relied on or inadvertently omitted exhibits.
- Outcome: the Court denied the motion to directly supplement the appellate record, removed the appeal from its docket, and remanded to the trial court to (1) identify which items were considered or inadvertently omitted and (2) complete the record; the Hansons then have 30 days after that order to re-file a notice of appeal.
Issues
| Issue | Hanson’s Argument | Forsyth County’s Argument | Held |
|---|---|---|---|
| Whether the Court of Appeals should supplement the appellate record with documents the Hansons say were omitted or not filed below | The omitted documents were considered by the trial court or were ministerially omitted and must be added so the appellate record is complete | The Hansons failed to follow statutory/trial-court procedures; documents not filed below should not be considered on appeal | Denied direct supplementation; court remanded to trial court to identify/complete the record and then permit re‑filing of the appeal |
| Whether appellate court may consider materials that were not part of the trial-court record | These materials reflect what transpired below and are necessary for a fair appeal | Materials not filed below cannot be considered on appeal and statutory requirements were not met | Court reiterated it cannot consider evidence not in the trial record; but remand appropriate when trial court relied on or omitted exhibits to complete the record |
| Appropriate remedy when record is incomplete or documents relied upon below were omitted | Remand to trial court to supplement the record and then return the case to the appellate docket | Opposed—argues procedural defects and timeliness issues (brief late) but did not dispute remand powers | Court removed case from docket and remanded for the trial court to certify which items were omitted or considered; Hansons given 30 days after that order to re-file notice of appeal |
Key Cases Cited
- Damani v. State, 284 Ga. 372 (Court explained appellate discretion to supplement record to reflect true and complete facts)
- Harris v. Tenet Healthsystem Spalding, Inc., 322 Ga. App. 894 (Court cannot consider evidence not part of the trial-court record)
- Glover v. State, 128 Ga. 1 (affidavits or documents used at motion hearings but not part of pleadings do not become record unless properly preserved)
- Peterson v. Beasley, 274 Ga. 882 (remand appropriate to complete record where admission of exhibits is unclear)
- Snipes v. Housing Authority of DeKalb County, 250 Ga. App. 771 (vacatur/remand when trial court relied on depositions not filed with clerk)
- Custom Lighting & Decorating, Ltd. v. Hampshire Co., 204 Ga. App. 293 (trial court may supplement record with depositions given to judge but not filed)
- Galardi v. Steele-Inman, 259 Ga. App. 249 (removal from appellate docket and remand to complete record and afford equal opportunity)