Reno v. Reno, 295 S.E.2d 94 (Ga. 1982). · Go Syfert
Reno v. Reno, 295 S.E.2d 94 (Ga. 1982). Cases Citing This Book View Copy Cite
94 citation events (48 in the last 25 years) across 3 distinct courts.
Strongest positive: Dias v. Boone (ga, 2025-02-18)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 24 distinct citers.
examined Cited as authority (rule) Dias v. Boone (3×) also: Cited "see"
Ga. · 2025 · confidence medium
But to the extent that the mother in Smith may have consented to a stepparent adoption resulting in termination of the biological father’s rights in reliance on prior law that would not make such a decision a basis for a grandparent-visitation petition — the facts of the case being somewhat unclear from our opinion — the opinion contains no discussion of that issue and thus is not a holding on it. 16 In Bryan v. Bryan, 242 Ga. 826 ( 251 SE2d 566 ) (1979), superseded on other grounds by statute as noted in Reno v. Reno, 249 Ga. 855, 856 ( 295 SE2d 94 ) (1982), cited by Boone to the trial …
discussed Cited as authority (rule) Roland Croyle v. State
Ga. Ct. App. · 2021 · confidence medium
Evid. 103, which is nearly identical to OCGA § 24-1-103).11 And recently, the Supreme Court of Georgia expressly resolved any residual tension perceived from cases such as Reno v. Reno, 249 Ga. 855, 856 (1) ( 295 SE2d 94 ) (1982): [B]ecause OCGA § 24-1-103 (a) (2) is specifically patterned after Federal Rule of Evidence 103 (b), and the Eleventh Circuit interprets that provision, based on the Advisory Committee Notes, as requiring a contemporaneous objection when a ruled-upon motion in limine regarding the admissibility of evidence is allegedly violated at trial, it is clear that the adoptio…
discussed Cited as authority (rule) Frost v. Frost
Ga. · 2016 · confidence medium
This Court held, however, in Bryan v. Bryan, 242 Ga. 826, 827 (1) ( 251 SE2d 566 ) (1979), superseded by statute and in other respects as noted in Reno v. Reno, 249 Ga. 855, 855 ( 295 SE2d 94 ) (1982), that the rule established in McCurry and similar cases had been abrogatedby changes to the alimony statute in 1977, now codified at OCGA § 19-6-1.
discussed Cited as authority (rule) Lee v. the State
Ga. Ct. App. · 2015 · confidence medium
Dillard and McFadden, JJ., concur. 1 Jackson v. Virginia, 443 U. S. 307 ( 99 SCt 2781 , 61 LE2d 560) (1979). 2 “In determining whether the trial court erred in denying the motion to suppress identification testimony, this court may consider the evidence adduced both at the suppression hearing and at trial.” (Citation and punctuation omitted.) Clark v. State, 279 Ga. 243, 245 (4) ( 611 SE2d 38 ) (2005). 3 The trial court’s written order expressly extends only to the pre-trial identification, and the trial court clarified that this would be the case during the hearing. 4 See generally Reno…
examined Cited as authority (rule) Smith v. CSX Transportation, Inc. (5×) also: Cited "see"
Ga. Ct. App. · 2010 · confidence medium
Reno v. Reno, 249 Ga. 855, 856 (1), 295 S.E.2d 94 (1982).
discussed Cited as authority (rule) Herring v. State
Ga. Ct. App. · 2007 · confidence medium
Reno v. Reno, 249 Ga. 855, 856 (1) ( 295 SE2d 94 ) (1982). (b) In order to introduce evidence of a defendant’s lustful disposition, the State must link those practices to the specific crime charged: In a prosecution for a sexual offense, evidence of sexual paraphernalia found in defendant’s possession is inadmissible unless it shows defendant’s lustful disposition toward the sexual activity with which he is charged or his bent of mind to engage in that activity.
cited Cited as authority (rule) Lewis v. State
Ga. · 2005 · confidence medium
Reno v. Reno, 249 Ga. 855, 856 ( 295 SE2d 94 ) (1982).
discussed Cited as authority (rule) Coffee v. State (2×)
Fla. Dist. Ct. App. · 1997 · confidence medium
In Reno v. Reno, 249 Ga. 855 , 295 S.E.2d 94, 95 (1982), the Georgia Supreme Court stated: The issue before this Court therefore is whether, after a motion in limine to exclude certain evidence is granted, the movant must object to a subsequent offer of evidence allegedly encompassed by the preliminary ruling in order to preserve the alleged error for appellate review.
discussed Cited as authority (rule) General Motors Corp. v. Moseley (2×)
Ga. Ct. App. · 1994 · confidence medium
It is the prejudicial effect of the questions asked or statements made in connection with the offer of the evidence, not the prejudicial effect of the evidence itself, which the motion in limine is intended to reach.” (Citations and punctuation omitted.) Reno v. Reno, 249 Ga. 855, 856 ( 295 SE2d 94 ) (1982).
examined Cited "see" WILLIAMS v. HARVEY (4×)
Ga. · 2021 · signal: see · confidence high
See Reno v. Reno, 249 Ga. 855, 856 (1) (295 SE2d 94) (1982).
discussed Cited "see" Dimauro v. the State (2×)
Ga. Ct. App. · 2017 · signal: accord · confidence high
But see CSX Transp., Inc. v. Smith, 289 Ga. 903, 907 (2) ( 717 SE2d 209 ) (2011) (holding that, following the trial court’s ruling on the defendant’s motion in limine, the defendant was not required to “object to evidence encompassed by his motion”); accord Reno v. Reno, 249 Ga. 855, 856 (1) ( 295 SE2d 94 ) (1982). 33 Morrow v. State, 230 Ga.App. 137, 140 (3) (a) ( 495 SE2d 609 ) (1998) (holding that when defendant was afforded an opportunity to challenge witness’s credentials and cross-examine him, lack of tender was not fatal); see Henry v. State, 265 Ga. 732, 736-37 (5) ( 462 SE2d…
discussed Cited "see" Phoebe Putney Memorial Hospital, Inc. v. Jeri v. Pruette (2×)
Ga. Ct. App. · 2014 · signal: see · confidence high
See Reno v. Reno, 249 Ga. 855, 855 ( 295 SE2d 94 ) (1982) (“where a motion in limine to exclude certain evidence is [granted or] denied, the movant need not renew his objection when the disputed evidence is offered at trial[ ] in order to preserve the movant’s right to appeal” from the ruling) (citation omitted).
discussed Cited "see" Pruette v. Ungarino (2×)
Ga. Ct. App. · 2014 · signal: see · confidence high
See Reno v. Reno, 249 Ga. 855, 855 ( 295 SE2d 94 ) (1982) (“where a motion in limine to exclude certain evidence is [granted or] denied, the movant need not renew his objection when the disputed evidence is offered at trial[ ] in order to preserve the movant’s right to appeal” from the ruling) (citation omitted).
discussed Cited "see" Telcom Cost Consulting, Inc. v. Warren (2×)
Ga. Ct. App. · 2005 · signal: accord · confidence high
Accord Werner v. State, 246 Ga. App. 677, 679 (1) ( 538 SE2d 168 ) (2000). 2 See Reno v. Reno, 249 Ga. 855 ( 295 SE2d 94 ) (1982). 3 (Citation omitted; emphasis in original.) Harper v. Patterson, 270 Ga. App. 437, 441 (3) ( 606 SE2d 887 ) (2004). 4 269 Ga. 317 ( 496 SE2d 896 ) (1998). 5 Id. at 320 (2). 6 (Footnote omitted.) Id. 7 See id. (prior consistent statements are not admissible merely to bolster witness’s credibility). 8 Phoenix Airline Svcs. v. Metro Airlines, 260 Ga. 584, 585 (1) ( 397 SE2d 699 ) (1990). 9 264 Ga. 817 ( 450 SE2d 814 ) (1995). 10 (Footnotes omitted.) Id. at 819 (2). …
discussed Cited "see" Crenshaw v. State (2×)
Ga. Ct. App. · 2001 · signal: see · confidence high
See Reno v. Reno, 249 Ga. 855 (1) ( 295 SE2d 94 ) (1982); see also Chastain v. State, 239 Ga. App. 602, 605 (2) ( 521 SE2d 657 ) (1999). 12 See Usher v. State, 236 Ga. App. 663, 666 (3) ( 512 SE2d 380 ) (1999). 13 (Punctuation omitted.) Id. 14 Jackson v. State, 246 Ga. App. 133, 134-135 (2) ( 539 SE2d 849 ) (2000). 15 See id. 16 (Punctuation omitted.) Quezada v. State, 236 Ga. App. 718, 720 (1) ( 512 SE2d 401 ) (1999). 17 Id. at 721 . 18 See Duque v. State, 228 Ga. App. 391, 392-393 ( 491 SE2d 841 ) (1997). 19 See Sheppard v. State, 267 Ga. 276, 280 (4) ( 476 SE2d 760 ) (1996). 20 See Newman v…
discussed Cited "see" McClarity v. State (2×)
Ga. Ct. App. · 1998 · signal: see · confidence high
Harley-Davidson Motor Co. v. Daniel, 244 Ga. 284 ( 260 SE2d 20 ) (1979); Stephens v. Dept. of Transp., 170 Ga. App. 784, 785 (1) ( 318 SE2d 167 ) (1984); see Reno v. Reno, 249 Ga. 855, 856 (1) ( 295 SE2d 94 ) (1982) (if motion in limine is granted, losing party need not renew objection if evidence is introduced at trial); see also Jordan v. Johnson, 223 Ga. App. 875, 877-880 ( 479 SE2d 175 ) (1996) (Birdsong, P. J., concurring specially) (setting forth history of motion in limine rule). 202 Ga. App. 195, 196-198 (3) ( 413 SE2d 526 ) (1991).
discussed Cited "see" McClarity v. State (2×)
Ga. Ct. App. · 1998 · signal: see · confidence high
NOTES [1] (Citations omitted.) Thaxton v. State, 260 Ga. 141, 142 (2), 390 S.E.2d 841 (1990). [2] Hayes v. State, 203 Ga.App. 143, 144 (2), 416 S.E.2d 347 (1992). [3] Mallory v. State, 225 Ga.App. 418, 422 (4), 483 S.E.2d 907 (1997). [4] Thaxton, supra, 260 Ga. at 142 (2), 390 S.E.2d 841 . [5] Davis v. State, 229 Ga.App. 787, 789 (2), 494 S.E.2d 702 (1997); see Smith v. State, 268 Ga. 42, 43 (3), 485 S.E.2d 189 (1997) (similar transaction issue waived if defendant fails to object at trial). [6] Harley-Davidson Motor Co. v. Daniel, 244 Ga. 284 , 260 S.E.2d 20 (1979); Stephens v. Dept. of Transp…
discussed Cited "see" Vickery v. PPG Industries, Inc. (2×)
Ga. Ct. App. · 1993 · signal: see · confidence high
See Reno v. Reno, 249 Ga. 855 ( 295 SE2d 94 ) (1982).
discussed Cited "see" Bentley v. B.M.W., Inc. (2×)
Ga. Ct. App. · 1993 · signal: see · confidence high
See Reno v. Reno, 249 Ga. 855, 856 ( 295 SE2d 94 ); Harley-Davidson Motor Co. v. Daniel, 244 Ga. 284, 285-286 ( 260 SE2d 20 ).
discussed Cited "see" Arnold v. Arnold (2×)
Ga. Ct. App. · 1990 · signal: see · confidence high
See Reno v. Reno, 249 Ga. 855 ( 295 SE2d 94 ).
discussed Cited "see" Verde v. Granary Enterprises (2×)
Ga. Ct. App. · 1986 · signal: see · confidence high
See Reno v. Reno, 249 Ga. 855 (1) ( 295 SE2d 94 ) (1982).
examined Cited "see, e.g." CSX Transportation, Inc. v. Smith (4×)
Ga. · 2011 · signal: see also · confidence medium
See also Reno v. Reno, 249 Ga. 855, 856 (1), 295 S.E.2d 94 (1982); Smith v. CSX Transp., supra at 903-904, 703 S.E.2d 671 (Barnes, P.J., concurring specially).
discussed Cited "see, e.g." Hernandez v. State (2×)
Ga. Ct. App. · 2008 · signal: see, e.g. · confidence medium
See, e.g., Reno v. Reno, 249 Ga. 855, 856 (1) ( 295 SE2d 94 ) (1982) (if motion in limine is granted, successful movant need not renew objection if evidence is introduced at trial; otherwise, it would require he draw the jury’s attention to the prejudicial material, and objecting party could wait until jury recessed to make a timely motion for mistrial).
discussed Cited "see, e.g." Phyfer v. State (2×)
Ga. Ct. App. · 2003 · signal: compare · confidence low
See Arnold v. Arnold, 197 Ga. App. 103, 106 (2) ( 397 SE2d 724 ) (1990); compare Reno v. Reno, 249 Ga. 855 ( 295 SE2d 94 ) (1982) (to preserve appellate review, no objection required at trial when a motion in limine has been granted).
Reno
v.
Reno
38812.
Supreme Court of Georgia.
Sep 23, 1982.
295 S.E.2d 94
Kingloff, Clifford & Travis, J. Stephen Clifford, Charles H. Hyatt, for appellant., L. Prentice Eager III, F. Glenn Moffett, Jr., for appellee.
Weltner.
Cited by 40 opinions  |  Published
Weltner, Justice.

We granted the application of Arthur J. Reno, Jr. to appeal the denial of his motion for new trial after a final judgment and decree had been issued upon a jury verdict. The case originated as an action for divorce by L. June Reno against Arthur J. Reno, Jr.

(1) Counsel for the husband made an oral motion in limine “... to limit testimony by either cross-examination of our client or direct testimony of Mrs. Reno in this case as to any allegations of adultery that might be made or alluded to. . . .” The trial judge granted the motion, which was based on our holding in Bryan v. Bryan, 242 Ga. 826 (5) (251 SE2d 566) (1979), that, in proceedings instituted in consequence of adultery, a party is not competent to testify to his own or his spouse’s adultery. See Ga. Code Ann. §§ 38-1603 and 38-1606 (the latter section has since been amended; see Ga. L. 1982, Vol. I, Book II, p. 1187).

During her direct testimony at trial, the wife’s attorney asked her to explain why the couple separated briefly in 1975. She responded, “He had told me he had some affairs with [other women], and I couldn’t handle it.” The husband’s attorney made no objection at that time, but instead moved for a mistrial at the next scheduled recess. The trial judge denied the motion, stating that husband’s attorney should have objected to the testimony when it was offered or, at least, should have asked to make a motion out of the presence of the jury at that time. The issue before this Court therefore is whether, after a motion in limine to exclude certain evidence is granted, the movant must object to a subsequent offer of evidence allegedly encompassed by the preliminary ruling in order to preserve the alleged error for appellate review. For the following reasons, we conclude that the answer is no.

In Harley-Davidson Motor Co. v. Daniel, 244 Ga. 284 (1) (260 SE2d 20) (1979), we held that where a motion in limine to exclude certain evidence is denied, the movant need not renew his objection when the disputed evidence is offered at trial, in order to preserve the movant’s right to appeal the denial of the motion. Writing for the Court, then Presiding Justice Undercofler stated: “All the purposes of an objection have already been fulfilled by the proceedings on the motion in limine. The trial court has been apprised of the possible error in admitting the evidence and has made its ruling, and the record has been perfected for appeal purposes.” 244 Ga. at p. 286. “ ‘The purpose in filing a motion in limine to suppress evidence or to instruct opposing counsel not to offer it is to prevent the asking of prejudicial questions and the making of prejudicial statements in the[*856] presence of the jury with respect to matters which have no proper bearing on the issues in the case or on the rights of the parties to the suit. It is the prejudicial effect of the questions asked or statements made in connection with the offer of the evidence, not the prejudicial effect of the evidence itself, which the motion in limine is intended to reach.’ Bridges v. City of Richardson, 163 Tex. 292 (354 SW2d 366, 367) (1962).” 244 Ga. at p. 285, fn. 1.

The reasoning of Daniel applies also where a motion in limine to suppress evidence is granted. To hold otherwise, and require the successful movant to object when evidence encompassed by the motion in limine is nevertheless offered at trial, would defeat the purpose of the motion in limine, as the movant would be forced, in the presence of the jury, to call special attention to prejudicial evidence which the trial court had previously ordered to be excluded from the jury’s consideration.

In the present case, the wife’s reference to the husband’s “affairs” constituted an allegation of adultery. Webster’s Third New International Dictionary (1961) defines “affair” in this context as “a romantic or passionate attachment typically of limited duration; an illicit sexual relationship.”

Nevertheless, it does not follow that the husband is entitled absolutely to a new trial. With the recent amendment of Code Ann. § 38-1606 (see Ga. L. 1982, Vol. I, Book II, p. 1187), the statutory basis for our holding in Bryan v. Bryan, supra, has been removed. See Brown v. Hauser, 249 Ga. 513 (3) (292 SE2d 1) (1982). Thus, on a retrial of this case either party would be competent to testify to his own or his spouse’s adultery, if any, and the testimony of the wife which is complained of in the instant appeal would be admissible. In his supplemental brief, the husband acknowledges this change in the law, but asserts that on a retrial it would be permissible for him to counter the wife’s allegations of adultery with similar allegations regarding her conduct. The husband having obtained a favorable ruling on the motion in limine and abided by that ruling, he should be entitled to make an offer of proof. Therefore, the case is remanded to the trial court for a determination of the question whether the husband’s cause was prejudiced by the exclusion of any evidence which he now claims might be offered upon a new trial. Absent a showing of prejudice, the judgment of the trial court will be affirmed.

(2) The husband contends that the trial court erred in failing to set aside an award of attorney’s fees to the wife made as a part of temporary alimony. While the wife’s action for divorce and alimony was pending below, the husband obtained a decree of divorce in the State of Texas. On the the husband’s motion the trial court gave full faith and credit to the Texas divorce. The husband contends that, as[*857] the wife did not reserve the issue of temporary alimony prior to the grant of the Texas divorce, the trial court was without power to make such an award.

Decided September 23, 1982. Kingloff, Clifford & Travis, J. Stephen Clifford, Charles H. Hyatt, for appellant. L. Prentice Eager III, F. Glenn Moffett, Jr., for appellee.

After the trial court accorded full faith and credit to the Texas decree of divorce, the wife’s suit remained pending as a suit for permanent alimony. See Code Ann. § 30-226 and Spadea v. Spadea, 225 Ga. 80 (2) (165 SE2d 836) (1969); see also McConaughey, Georgia Divorce, Alimony and Child Custody, 2d ed., § 17-4 (1980). Attorney’s fees may be awarded in a suit for alimony. Code Ann. § 30-202.1. The wife reserved the issue of attorney’s fees prior to the jury verdict, and the trial court did not abuse its discretion in awarding attorney’s fees to the wife as part of the final judgment.

(3) The husband contends that the award of attorney’s fees was excessive, alleging that most of the award related to prior litigation which failed for want of jurisdiction. This contention is not supported by argument or citation of authority, and is deemed abandoned. Rules of the Supreme Court of Georgia, Rule 46.

Judgment reversed and case remanded in part and affirmed in part.

All the Justices concur.