Perlman v. Perlman
318 Ga. App. 731
| Ga. Ct. App. | 2012Background
- Father appeals two judgments: dismissal of ex parte temporary family violence protective orders (on behalf of two minor daughters) and dismissal of his change-in-custody petition.
- Mother awarded sole custody in 2010; she planned to move with the children to Texas, prompting father to seek custody change and protective orders.
- Protective orders were granted ex parte by Cobb County; venue later referenced Paulding County for the hearing upon petition.
- Paulding County Superior Court held a hearing on the change-in-custody petition and on whether to grant temporary protective orders; hearing for protective orders was cut short due to counsel illness.
- November 15, 2010: Paulding County ordered dismissal of ex parte protective orders, returned custody to mother, and allowed relocation; no explicit ruling on 12-month protective orders.
- Appellate court treated the family violence rulings as appealable and addressed whether the change-in-custody dismissal was timely and properly appealable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly denied the protective orders | Perlman; evidence showed violence/abuse by mother against the children. | Court could disbelieve father's evidence; ex parte orders expired; mother lacking opportunity to rebut due to counsel illness. | No abuse of discretion; orders properly denied and ex parte orders expired. |
| Whether photographs of bruises were admissible | Photographs corroborate alleged injuries by mother. | Foundational requirement not met; admission discretionary. | No error; court properly excluded photographs for lack of foundation. |
| Whether the change-in-custody appeal was timely and properly before the court | Timely appeal should confer jurisdiction over related issues. | Change-in-custody ruling and family violence rulings are in separate proceedings; no timely appeal under OCGA 5-6-34(d) or 5-6-38. | Appellate lack jurisdiction for untimely appeal from change-in-custody order; appeal dismissed. |
Key Cases Cited
- Anderson v. Mergenhagen, 283 Ga. App. 546 (2007) (trial court's discretion in protective orders)
- In the Interest of I. S., 278 Ga. 859 (2005) (rule for separate proceedings and appellate scope under 5-6-34(d))
- In the Interest of D. N. M., 193 Ga. App. 812 (1989) (separate and distinct proceedings affecting jurisdiction)
- In the Interest of C. M. L., 260 Ga. App. 502 (2003) (addressing multiple rulings across separate cases in one appeal)
- GMC Group v. Harsco Corp., 293 Ga. App. 707 (2008) (judgment entry timing and appeal periods)
- Pierce v. State, 289 Ga. 893 (2011) (timeliness and effect of notice on appeal)
- Whitaker v. State, 287 Ga. App. 465 (2007) (foundational requirements for admissibility of evidence)
- Dick v. State, 246 Ga. 697 (1980) (distinction between admitted documents and appellate perfection)
- White v. State, 287 Ga. 713 (2010) (credibility and evaluation of witness testimony)