Andrews v. Wilbanks, 458 S.E.2d 817 (Ga. 1995). · Go Syfert
Andrews v. Wilbanks, 458 S.E.2d 817 (Ga. 1995). Cases Citing This Book View Copy Cite
52 citation events (30 in the last 25 years) across 2 distinct courts.
Strongest positive: Pneumo Abex, LLC v. Sheila Long (gactapp, 2020-10-21)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 20 distinct citers. How cited ↗
discussed Cited as authority (rule) Pneumo Abex, LLC v. Sheila Long
Ga. Ct. App. · 2020 · confidence medium
Indeed, our Supreme Court has explained that “[a] motion in limine is a pretrial method of determining the admissibility of evidence, as a party may secure a pretrial ruling on the admissibility of evidence or a ruling prohibiting any reference to certain evidence until its admissibility can be assessed in the context of the trial as it unfolds.” Andrews v. Wilbanks, 265 Ga. 555, 556 ( 458 SE2d 817 ) (1995); accord Dep’t of Tra nsp. v. Wallace Enters, 234 Ga. App. 1, 5 (6) ( 505 SE2d 549 ) (1998); see Miller v. Lynch, 351 Ga. App. 361 , 368 (3) ( 830 SE2d 749 ) (2019) (“If the trial co…
cited Cited as authority (rule) Lewis v. State
Ga. · 2019 · confidence medium
Given this framework, “the grant of a motion in limine excluding evidence is a judicial power which must be exercised with great care.” Andrews v. Wilbanks, 265 Ga. 555, 556 ( 458 SE2d 817 ) (1995).
cited Cited as authority (rule) Morales v. the State
Ga. Ct. App. · 2016 · confidence medium
Andrews v. Wilbanks, 265 Ga. 555, 556 ( 458 SE2d 817 ) (1995) (citation omitted).
discussed Cited as authority (rule) Agsouth Farm Credit, Aca v. Gowen Timber Company, Inc.
Ga. Ct. App. · 2016 · confidence medium
A motion in limine is properly granted when there is no circumstance under which the evidence under scrutiny is likely to be admissible at trial.” Hankla v. Jackson, 305 Ga. App. 391, 392 (1) ( 699 SE2d 610 ) (2010) (punctuation and footnote omitted). “[M]otions in limine should only be granted with great care and when there is no circumstance under which the evidence at issue could be admissible at trial.” One Bluff Drive, 330 Ga. App. at 51 (3), citing Andrews v. Wilbanks, 265 Ga. 555, 556 ( 458 SE2d 817 ) (1995). (a) AgSouth brought this timber conversion action against Gowen Timber p…
cited Cited as authority (rule) One Bluff Drive, LLC v. K. A. P., Inc.
Ga. Ct. App. · 2014 · confidence medium
Andrews v. Wilbanks, 265 Ga. 555, 556 ( 458 SE2d 817 ) (1995) (citation omitted).
cited Cited as authority (rule) One Bluff Drive, LLC v. K. A. P., Inc.
Ga. Ct. App. · 2014 · confidence medium
Andrews v. Wilbanks, 265 Ga. 555, 556 ( 458 SE2d 817 ) (1995) (citation omitted).
discussed Cited as authority (rule) State, Department of Transportation v. Douglas Asphalt Co.
Ga. Ct. App. · 2009 · confidence medium
Adams and Doyle, JJ., concur. 1 Mon Ami Intl. v. Gale, 264 Ga. App. 739, 740 (1) ( 592 SE2d 83 ) (2003). 2 Andrews v. Wilbanks, 265 Ga. 555, 556 ( 458 SE2d 817 ) (1995). 3 Hand v. Pettitt, 258 Ga. App. 170, 171 (1) (a) ( 573 SE2d 421 ) (2002). 4 Freightliner Chattanooga u.
discussed Cited as authority (rule) Gwinnett County v. Howington
Ga. Ct. App. · 2006 · confidence medium
A motion in limine is properly granted when “there is no circumstance under which the evidence under scrutiny is likely to be admissible at trial. [Cit.]” Andrews v. Wilbanks, 265 Ga. 555, 556 ( 458 SE2d 817 ) (1995).
discussed Cited as authority (rule) H.D. McCondichie Properties v. Georgia Department of Transportation
Ga. Ct. App. · 2006 · confidence medium
Amotion in limine is properly granted when “there is no circumstance under which the evidence under scrutiny is likely to be admissible at trial.” Andrews v. Wilbanks, 265 Ga. 555, 556 ( 458 SE2d 817 ) (1995).
discussed Cited as authority (rule) Housing Authority v. Younis
Ga. Ct. App. · 2006 · confidence medium
A motion in limine should be granted when “there is no circumstance under which the evidence under scrutiny is likely to be admissible at trial.” Andrews v. Wilbanks, 265 Ga. 555, 556 ( 458 SE2d 817 ) (1995).
cited Cited as authority (rule) Forsyth County v. Martin
Ga. · 2005 · confidence medium
Andrews v. Wilbanks, 265 Ga. 555, 556 ( 458 SE2d 817 ) (1995).
discussed Cited as authority (rule) Hand v. Pettitt
Ga. Ct. App. · 2002 · confidence medium
In light of that absolute, the grant of a motion in limine excluding evidence is a judicial power which must be exercised with great care.” (Citation omitted.) Andrews v. Wilbanks, 265 Ga. 555, 556 ( 458 SE2d 817 ) (1995). *172 A motion in limine is a pretrial motion which may be used in two ways: 1) The movant seeks, not a final ruling on the admissibility of evidence, but only to prevent the mention by anyone, during trial, of a certain item of evidence or area of inquiry until its admissibility can be determined during the course of the trial outside the presence of the jury. 2) The movan…
cited Cited as authority (rule) Woodall v. Rivermont Apartments Ltd. Partnership
Ga. Ct. App. · 1999 · confidence medium
(Citation omitted.) Andrews v. Wilbanks, 265 Ga. 555, 556 ( 458 SE2d 817 ) (1995).
cited Cited as authority (rule) International Indemnity Co. v. Regional Employer Service, Inc.
Ga. Ct. App. · 1999 · confidence medium
Andrews v. Wilbanks, 265 Ga. 555, 556 ( 458 SE2d 817 ).
discussed Cited as authority (rule) Department of Transportation v. Wallace Enterprises
Ga. Ct. App. · 1998 · confidence medium
“A motion in limine is a pretrial method of determining the admissibility of evidence, as a party may secure a pretrial ruling on the admissibility of evidence or a ruling prohibiting any reference to certain evidence until its admissibility can be assessed in the context of the trial as it unfolds. [Cit.] By its very nature, the grant of a motion in limine excluding evidence suggests that there is no circumstance under which the evidence under scrutiny is likely to be admissible at trial. [Cit.] In light of that absolute, the grant of a motion in limine excluding evidence is a judi *5 cial …
discussed Cited as authority (rule) American Petroleum Products, Inc. v. Mom & Pop Stories, Inc.
Ga. Ct. App. · 1998 · confidence medium
“By its very nature, the grant of a motion in limine excluding evidence suggests that there is no circumstance under which the evidence under scrutiny is likely to be admissible at trial. [Cit.] In light of that absolute, the grant of a motion in limine excluding evidence is a judicial power which must be exercised with great care.” Andrews v. Wilbanks, 265 Ga. 555, 556 ( 458 SE2d 817 ) (1995).
discussed Cited as authority (rule) Union Planters National Bank v. Crook
Ga. Ct. App. · 1997 · confidence medium
“A motion in limine is a pretrial method of determining the admissibility of evidence, as a party may secure a pretrial ruling on the admissibility of evidence or a ruling prohibiting any reference to certain evidence until its admissibility can be assessed in the context of the trial as it unfolds. [Cif.] By its very nature, the grant of a motion in limine excluding evidence suggests that there is no circumstance under which the evidence under scrutiny is likely to be admissible at trial. [Cit.] In light of that absolute, the grant of a motion in limine excluding evidence is a judicial powe…
discussed Cited as authority (rule) Jorden v. Johnson
Ga. Ct. App. · 1996 · confidence medium
“A motion in limine is a pretrial method of determining the admissibility of evidence, as a party may secure a pretrial ruling on the admissibility of evidence or a ruling prohibiting any reference to certain evidence until its admissibility can be assessed in the context of the trial as it unfolds. [Cit.] By its very nature, the grant of a motion in limine excluding evidence suggests that there is no circumstance under which the evidence under scrutiny is likely to be admissible at trial. [Cit.] In light of that absolute, the grant of a motion in limine excluding evidence is a judicial powe…
discussed Cited "see" Ezgreen Associates, LLC v. Georgia-Pacific Corporation (2×)
Ga. Ct. App. · 2015 · signal: see · confidence high
See Andrews v. Willbanks, 265 Ga. 555, 556 ( 458 SE2d 817 ) (1995) (noting that “[a] motion in limine is a pretrial method of determining the admissibility of evidence”); Collins v. Mitchell, 282 Ga. App. 860, 862 (2) ( 640 SE2d 364 ) (2006) (reviewing the denial of a motion to exclude evidence as a motion in limine). 2 The record reveals that EZ Green and Georgia-Pacific originally entered into an agreement in 2003 regarding the sale of a product developed by EZ Green, which the parties revised on April 30, 2004.4 The contract provided that, for a period of five years, EZ Green would lice…
discussed Cited "see" EZ Green Associates, LLC v. Georgia-Pacific Corp. (2×)
Ga. Ct. App. · 2015 · signal: see · confidence high
See Andrews v. Willbanks, 265 Ga. 555, 556 ( 458 SE2d 817 ) (1995) (noting that “[a] motion in limine is a pretrial method of determining the admissibility of evidence”); Collins v. Mitchell, 282 Ga. App. 860, 862 (2) ( 640 SE2d 364 ) (2006) (reviewing the denial of a motion to exclude evidence as a motion in limine).
Retrieving the full opinion text from the archive…
ANDREWS Et Al.
v.
WILBANKS
S95A0559.
Supreme Court of Georgia.
Jun 30, 1995.
458 S.E.2d 817
Sutherland, Asbill & Brennan, John H. Fleming, Bruce A. Den-ning, Thomas W. Curvin, for appellants., Andersen, Davidson & Tate, Gerald Davidson, Jr., Jonathan D. Crumly, for appellee.
Benham, Hunt, Sears, Fletcher.
Cited by 26 opinions  |  Published

Lead Opinion

Benham, Presiding Justice.

Dorothy Thompson Bagwell died in 1993 after executing a will in 1986 by which she bequeathed one-half of her estate to be divided among two greatnieces and a greatnephew (the Andrewses), with the remaining half of her estate bequeathed to appellee W. P. Wilbanks, an attorney who had been appointed guardian of the testatrix’s person and property in August 1983. When the 1986 will was offered for probate in solemn form, appellants filed a caveat alleging that the testatrix lacked testamentary capacity and that the will was the product of undue influence. Appellants asserted that Wilbanks, while in a fiduciary relationship with the testatrix as her guardian, engaged in a pattern of deception by appearing to visit the testatrix frequently out of kindness and to tend to her wants and needs while, unbeknownst to the testatrix, he was charging her estate as guardian for the time spent visiting her and tending to her needs. In order to show at trial that this purported pattern of deception resulted in appellee’s exer[*556] tion of undue influence over the testatrix, appellants filed a motion in limine asking the probate court to permit evidence showing the amount of compensation Wilbanks had received as the testatrix’s guardian, the basis for that compensation, and that the testatrix was not aware of the basis or the amount of the fees paid to Wilbanks. The probate court authorized the admission of evidence that Wilbanks had received compensation for his services as guardian, but ruled inadmissible evidence regarding the amounts Wilbanks received, the basis for determining the fees received, as well as evidence tending to show that the testatrix was not aware of the amount or basis for determining her guardian’s compensation. We granted appellants’ application for interlocutory review.

A motion in limine is a pretrial method of determining the admissibility of evidence, as a party may secure a pretrial ruling on the admissibility of evidence or a ruling prohibiting any reference to certain evidence until its admissibility can be assessed in the context of the trial as it unfolds. State v. Johnston, 249 Ga. 413 (3) (291 SE2d 543) (1982). By its very nature, the grant of a motion in limine excluding evidence suggests that there is no circumstance under which the evidence under scrutiny is likely to be admissible at trial. See Green, Georgia Law of Evidence, p. 26, § 12, n. 5. In light of that absolute, the grant of a motion in limine excluding evidence is a judicial power which must be exercised with great care. Under the particular facts and circumstances of this case, we conclude that the probate court abused its discretion when it determined in limine that evidence regarding the amounts Wilbanks received as guardian and the basis for determining the fees so received, as well as evidence tending to show the testatrix was not aware of the amount or basis of the guardian’s compensation, was inadmissible.

Judgment affirmed in part and reversed in part.

All the Justices concur, except Hunt, C. J., and Sears, J., who concur specially, and Fletcher, J., who concurs in the judgment only.

Concurrence

Sears, Justice,

concurring specially.

The majority reverses the judgment of the trial court in this case because the court abused its discretion in determining the admissibility of the evidence in question by motion in limine. I disagree with this holding for two reasons. First, the appellants requested the trial court to determine the admissibility of the evidence in limine, and they should not be permitted to obtain a reversal on appeal based on an error they induced at trial. Moreover, contrary to the majority, I cannot conclude that under the facts of this case the trial court erred procedurally by . ruling on the admissibility of the evidence in limine. On the merits, however, I find that the evidence in question was admissible at trial, and I would hold that the trial court erred in ruling[*557] otherwise on the motion in limine. I therefore concur specially in the judgment of reversal.

Decided June 30, 1995. Sutherland, Asbill & Brennan, John H. Fleming, Bruce A. Den-ning, Thomas W. Curvin, for appellants. Andersen, Davidson & Tate, Gerald Davidson, Jr., Jonathan D. Crumly, for appellee.

I am authorized to state that Chief Justice Hunt joins in this special concurrence.