Gilchrist v. Gilchrist
323 Ga. App. 555
Ga. Ct. App.2013Background
- Appellant Addrenna Gilchrist and Appellee DeJuan Gilchrist were divorced on June 17, 2008.
- The divorce decree incorporated a parenting plan providing joint legal custody and Addrenna as primary physical custodian with DeJuan's visitation, including every other weekend.
- On July 2, 2012, Addrenna, pro se, moved to amend the parenting plan to increase DeJuan’s visitation to two days per week.
- The trial court denied the motion on September 6, 2012, citing DeJuan’s firefighters schedule and lack of consent to the proposed change.
- Addrenna appealed the denial; no transcript of the September 5, 2012 hearing was filed.
- The court affirmed, holding that absence of a transcript requires presuming the trial court’s findings and that Addrenna may not relitigate issues from prior appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion in denying modification of the parenting plan. | Gilchrist argues modification warranted due to DeJuan’s schedule. | Gilchrist contends the court lacked basis to alter the plan given work schedule and no consent. | No clear abuse; denial affirmed due to lack of transcript and evidence. |
| Whether failure by DeJuan to file a competing parenting plan required adoption of Gilchrist’s plan. | Moore rule compelled adopting her proposed plan. | No such compulsion; opposing plan not automatically adopted. | No error; record lacking evidence to support adoption of amended plan. |
| Whether Gilchrist may relitigate issues from prior appeals under law-of-the-case principles. | Appeal should reach merits despite prior proceedings. | Cannot relitigate matters already decided or litigated on prior appeals. | barred; issues precluded by law-of-the-case and prior appellate decisions. |
Key Cases Cited
- Moore v. Moore-McKinney, 297 Ga. App. 703 (2009) (parenting-plan availability not dictated by one party’s failure to file)
- Jones v. Smith, 280 Ga. 872 (2006) (absence of transcript requires presumptive evidence support)
- Hadden v. Hadden, 283 Ga. 424 (2008) (absence of transcript; presume evidentiary sufficiency)
- Trotter v. Ayres, 315 Ga. App. 7 (2012) (custody evidentiary issues where no transcript)
- Sherman v. Atlanta Independent School System, 293 Ga. 268 (2013) (law-of-the-case principle applies in subsequent proceedings)
- Paradise v. State, 321 Ga. App. 371 (2013) (final orders on appeal bind later litigation)
- Rice v. Lost Mountain Homeowners Assn., Inc., 288 Ga. App. 714 (2007) (law-of-the-case considerations in appellate relief)
- Adams v. State, 316 Ga. App. 161 (2012) (appellant precluded from relitigating issues decided on appeal)