Francis v. Francis, 611 S.E.2d 45 (Ga. 2005). · Go Syfert
Francis v. Francis, 611 S.E.2d 45 (Ga. 2005). Cases Citing This Book View Copy Cite
37 citation events (37 in the last 25 years) across 2 distinct courts.
Strongest positive: Old Stone Company I, LLC v. Hughes (ga, 2008-07-07)
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
Top citers, strongest first. 17 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Old Stone Company I, LLC v. Hughes
Ga. · 2008 · quote attribution · 1 verbatim quote · confidence high
failure to make an objection which is both timely and specific is treated as a waiver
examined Cited as authority (quoted) In re M. R. B. (2×)
Ga. Ct. App. · 2019 · signal: see · quote attribution · 2 verbatim quotes · confidence high
the failure to make an objection which is both timely and specific is treated as a waiver.
discussed Cited as authority (quoted) In the Interest of M. R. B., a Child (Father) (2×) also: Cited "see"
Ga. Ct. App. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
the failure to make an objection which is both timely and specific is treated as a waiver.
discussed Cited as authority (quoted) American National Holding Corporation v. Emm Credit, LLC (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2013 · signal: see also · quote attribution · 1 verbatim quote · confidence low
the scope of review is limited to the scope of the ruling in the trial court as shown by the trial record and cannot be enlarged or transformed through a process of switching or shifting.
discussed Cited as authority (quoted) American National Holding Corp. v. Emm Credit, LLC (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2013 · signal: see also · quote attribution · 1 verbatim quote · confidence low
the scope of review is limited to the scope of the ruling in the trial court as shown by the trial record and cannot be enlarged or transformed through a process of switching or shifting.
discussed Cited as authority (quoted) Kitchen v. INSURAMERICA CORP. (2×) also: Cited "see"
Ga. Ct. App. · 2009 · signal: see · quote attribution · 1 verbatim quote · confidence high
the rule is that the scope of review is limited to the scope of the ruling in the trial court.
discussed Cited as authority (rule) Ayers v. Cook
Ga. · 2016 · confidence medium
Many of the comments complained of have been addressed above, see Divisions 1 and 2, supra, or were not objected to at trial by Caveators. 1 See Francis v. Francis, 279 Ga. 248, 248-249 ( 611 SE2d 45 ) (2005).
discussed Cited as authority (rule) Grady A. Roberts III v. First Georgia Community Bank
Ga. Ct. App. · 2015 · confidence medium
See Horesh v. DeKinder, 295 Ga. App. 826, 830 (1) ( 673 SE2d 311 ) (2009) (a prevailing party cannot collect on or enforce a judgment until the judgment is entered in compliance with OCGA § 9-11-58 (b)). 6 King v. GenOn Energy Holdings, 323 Ga. App. 451, 452 (1) ( 747 SE2d 15 ) (2013) (citation omitted). 7 Alston & Bird LLP v. Mellon Ventures II, 307 Ga. App. 640, 648 (6) (b) ( 706 SE2d 652 ) (2010) (punctuation and footnote omitted); see generally Designs Unlimited v. Rodriguez, 267 *231 Ga. App. 847-848 ( 601 SE2d 381 ) (2004); Lowery v. Atlanta Heart Assoc., 266 Ga. App. 402, 404-405 (2) (…
discussed Cited as authority (rule) Grady A. Roberts III v. First Georgia Community Bank
Ga. Ct. App. · 2015 · confidence medium
It is necessary, in order to make the same a basis for appellate review that opposing counsel make proper objection or invoke some ruling of the court.”9 Consequently, in this case the appellants’ failure to object and preserve the issue for appellate review deprives the appellants of the right to complain on appeal.10 The claims of error on appeal were neither raised nor ruled on below, and there is nothing for us to review.11 8 King, supra. 9 DOT v. Brannan, 278 Ga. App. 717, 719 ( 629 SE2d 481 ) (2006). 10 See King, supra; Lamb v. Javed, 303 Ga. App. 278, 280 (1) ( 692 SE2d 861 ) (2010)…
cited Cited as authority (rule) Eric Morris v. Turnkey Medical Engineering
Ga. Ct. App. · 2012 · confidence medium
J., and Dillard, J., concur. 21 Francis v. Francis, 279 Ga. 248, 249 ( 611 SE2d 45 ) (2005) (objecting on specific grounds at trial waives the grounds not asserted). 22 Supra. 14
discussed Cited as authority (rule) Kitchin v. Reidelberger
Ga. Ct. App. · 2011 · confidence medium
Andrews and McFadden, JJ., concur. 1 See Francis v. Francis, 279 Ga. 248, 249 ( 611 SE2d 45 ) (2005) (objecting on specific grounds at trial waives the grounds not asserted). 2 See OCGA § 5-5-24 (a); Sims v. GT Architecture Contractors Corp., 292 Ga. App. 94, 97 (2) ( 663 SE2d 797 ) (2008) (regarding a claim that the trial court gave an erroneous jury instruction, “an objection made at a charge conference before the charge is given does not preserve a charging issue for appellate review”) (punctuation and footnote omitted); see also Thompson v. Princell, 304 Ga. App. 256, 261 (b) ( 696 SE…
discussed Cited as authority (rule) Richards v. Davis
Ga. Ct. App. · 2009 · confidence medium
Smith, P. J., and Bernes, J., concur. 1 See Francis v. Francis, 279 Ga. 248, 249 ( 611 SE2d 45 ) (2005) (the contemporaneous objection rule provides that objections must be made on the record at the earliest possible time to preserve for review the claim of error; objecting on a specific ground waives all other grounds of objection on appeal). 2 Kimbrell v. Effingham Bd. of Tax Assessors, 191 Ga. App. 544, 546 ( 382 SE2d 388 ) (1989). 3 City of McDonough v. Tusk Partners, 268 Ga. 693, 696 (1) ( 492 SE2d 206 ) (1997). 4 Cavin v. Powell, 276 Ga. App. 60 (1) ( 622 SE2d 415 ) (2005).
discussed Cited "see" Grove v. Grove (2×)
Ga. · 2015 · signal: see · confidence high
See Francis v. Francis, 279 Ga. 248, 248-249 ( 611 SE2d 45 ) (2005). 3 The only objection to the grandparents’ visitation raised at the hearing at which visitation was addressed was Wife’s request for timely advance notice by the grandparents before scheduling a visit.
discussed Cited "see" Grove v. Grove (2×)
Ga. · 2015 · signal: see · confidence high
See Francis v. Francis, 279 Ga. 248, 248-249 ( 611 SE2d 45 ) (2005).
discussed Cited "see" Morris v. Turnkey Medical Engineering, Inc. (2×)
Ga. Ct. App. · 2012 · signal: see · confidence high
See Roberts, supra. Francis v. Francis, 279 Ga. 248, 249 ( 611 SE2d 45 ) (2005) (objecting on specific grounds at trial waives the grounds not asserted).
discussed Cited "see" Hunter v. Hunter (2×)
Ga. · 2011 · signal: see · confidence high
See Francis v. Francis, 279 Ga. 248, 248-249 ( 611 SE2d 45 ) (2005).
discussed Cited "see" Draper v. Reynolds (2×)
Ga. Ct. App. · 2006 · signal: see · confidence high
See Francis v. Francis, *403 279 Ga. 248, 249 ( 611 SE2d 45 ) (2005) (noting that “objecting on specific grounds waives the grounds not asserted”) (citations and punctuation omitted); Wright v. Millines, 217 Ga. App. 464, 466-467 (4) ( 458 SE2d 488 ) (1995) (objection to admission of evidence on grounds of lack of authentication was waived where not timely raised below). 2.
Retrieving the full opinion text from the archive…
Francis
v.
Francis
S05F0547.
Supreme Court of Georgia.
Mar 28, 2005.
611 S.E.2d 45
2005 Ga. LEXIS 224
Mark A. Francis, pro se., Ian M. Falcone, Jennifer Y. Zimmerman, for appellee.
Carley.
Cited by 18 opinions  |  Published
3 passages pin-cited by 5 cases
Pinpoint authority: #33,866 of 633,719
Citer courts: Court of Appeals of Georgia (6)
CARLEY, Justice.

Mark Francis (Husband) filed this divorce action against Kazuko Francis (Wife). The trial court ordered, over Husband’s objection, both parties and their minor child to undergo psychological evaluations by Dr. Jacqueline Hill. Dr. Hill testified at a bench trial, and the trial court entered a final divorce decree awarding physical custody of the child to Wife. Husband applied pro se for a discretionary appeal, which we granted pursuant to our Pilot Project in divorce cases.

Husband contends that the trial court erred in appointing Dr. Hill to perform a custody evaluation. In making that assertion on appeal, he is limited to those objections which he timely raised below. “This state has long followed the contemporaneous objection rule, which provides that counsel must make a proper objection on the record at the earliest possible time to preserve for review the point of error. [Cit.]” State v. Larocque, 268 Ga. 352, 353 (489 SE2d 806)[*249] (1997). See also Spickler v. State, 276 Ga. 164, 166-167 (5) (575 SE2d 482) (2003); Sharpe v. Dept. of Transp., 267 Ga. 267 (1) (476 SE2d 722) (1996). Furthermore, “ ‘[objecting on specific grounds waives the grounds not asserted.’ [Cit.]” Luxenberg v. Griffith, 237 Ga. App. 201, 202 (1) (514 SE2d 63) (1999). Thus, the failure to make an objection which is both timely and specific is treated as a waiver. Seabrooks v. State, 251 Ga. 564, 567 (1) (308 SE2d 160) (1983). “ ‘The rule is that the scope of review is limited to the scope of the ruling in the trial court as shown by the trial record and cannot be enlarged or transformed through a process of switching (or) shifting.’ [Cit.]” Luxenberg v. Griffith, supra.

Decided March 28, 2005 — Reconsideration denied April 14, 2005. Mark A. Francis, pro se. Ian M. Falcone, Jennifer Y. Zimmerman, for appellee.

Prior to Dr. Hill’s appointment, counsel for Husband objected only on the basis that his client did not desire to incur the expense and did not need a psychological evaluation. Not until trial, almost one and a half years later, did Husband’s new attorney object on the basis that, on a single occasion prior to the appointment of Dr. Hill, Wife had consulted with and paid her for psychological advice or evaluation. In making that obj ection below, Husband did not contend that he did not have knowledge of these facts at the time of the appointment. See Pope v. State, 256 Ga. 195, 214 (26) (345 SE2d 831) (1986) (to be timely, a motion to recuse must be made as soon as the facts demonstrating the basis for disqualification become known), overruled on other grounds, Nash v. State, 271 Ga. 281 (519 SE2d 893) (1999); Thurman v. State, 249 Ga. App. 390 (1) (547 SE2d 715) (2001). Moreover, he does not contend on appeal that, when Dr. Hill was appointed, he did not know about her prior consultation with Wife.

On appeal, Husband’s sole contention is that Dr. Hill should not have been appointed because of her prior consultation with Wife. However, the trial court correctly held that Husband waived that ground of objection to Dr. Hill’s appointment, by failing to raise it until trial.

Judgment affirmed.

All the Justices concur.