party waives error in Georgia

2024Indeed, Baker devotes merely two pages to detailing Georgia law regarding the requirements for awarding punitive damages, but then provides only a few conclusory statements as to her version of the evidence without any citations to the record or transcript to 33 See Higbee, 334 Ga. App. at 887 (“With respect to the verdict form, in the absence of a specific and timely objection, a party waives error relating to the manner in which questions are submitted to the jury. (punctuation omitted)); Milum v. Banks, 283 Ga. App. 864, 870 (2) ( 642 S.E.2d 892, 897 (2007) (“If the verdict form [was] uncle

2024Indeed, Baker devotes merely two pages to detailing Georgia law regarding the requirements for awarding punitive damages, but then provides only a few conclusory statements as to her version of the evidence without any citations to the record or transcript to 33 See Higbee, 334 Ga. App. at 887 (“With respect to the verdict form, in the absence of a specific and timely objection, a party waives error relating to the manner in which questions are submitted to the jury. (punctuation omitted)); Milum v. Banks, 283 Ga. App. 864, 870 (2) ( 642 S.E.2d 892, 897 (2007) (“If the verdict form [was] uncle

2021See Auto-Owners Insurance Co. v. Dolan, 342 Ga. App. 179, 182 (2) ( 803 SE2d 104 ) (2017) (“In the absence of such specific and timely objections, a party waives error relating to the manner in which questions on a special verdict form are submitted to the jury”) (citation and punctuation omitted; emphasis supplied), reversed on other grounds by Williams v. Harvey, __ Ga. __ (1) (b) (Case No. S20G1121, decided May 17, 2021). 2 The verdict form submitted to the jury contained a section for the apportionment of fault between Game Truck Georgia and Reyes only. 9 Even assuming that Game Truck Geor

2021See Auto-Owners Insurance Co. v. Dolan, 342 Ga. App. 179, 182 (2) ( 803 SE2d 104 ) (2017) (“In the absence of such specific and timely objections, a party waives error relating to the manner in which questions on a special verdict form are submitted to the jury”) (citation and punctuation omitted; emphasis supplied), reversed on other grounds by Williams v. Harvey, __ Ga. __ (1) (b) (Case No. S20G1121, decided May 17, 2021). 2 The verdict form submitted to the jury contained a section for the apportionment of fault between Game Truck Georgia and Reyes only. 9 Even assuming that Game Truck Geor

2007If the verdict form is unclear, Milum’s remedy was to seek a special interrogatory to the jury, which he did not do, or to submit his own verdict form per OCGA § 9-11-49, or at the least to object to the form used, none of which he did. “[I]n the absence of a specific and timely objection, a party waives error relating to the manner in which questions are submitted to the jury.” (Emphasis omitted.) Frostgate Warehouses v. Cole, 244 Ga. 782, 783 ( 262 SE2d 98 ) (1979).

1979The Supreme Court, however, has reversed that case on certiorari holding that "in the absence of a specific and timely objection, a party waives error relating to the manner in which questions are submitted to the jury. [Cits.]” Frostgate Warehouses v. Cole, 244 Ga. 782 (1979).

2024Indeed, Baker devotes merely two pages to detailing Georgia law regarding the requirements for awarding punitive damages, but then provides only a few conclusory statements as to her version of the evidence without any citations to the record or transcript to 33 See Higbee, 334 Ga. App. at 887 (“With respect to the verdict form, in the absence of a specific and timely objection, a party waives error relating to the manner in which questions are submitted to the jury. (punctuation omitted)); Milum v. Banks, 283 Ga. App. 864, 870 (2) ( 642 S.E.2d 892, 897 (2007) (“If the verdict form [was] uncle

2019See generally Milum v. Banks , 283 Ga. App. 864 , 870 (2), 642 S.E.2d 892 (2007) ("[I]n the absence of a specific and timely objection, a party waives error relating to the manner in which questions are submitted to the jury.") (punctuation omitted). 9 See King , 347 Ga. App. at 606 , 820 S.E.2d 445 . 10 (Punctuation omitted.) Miller v. Lynch , --- Ga. App. ----, ---- (1), --- S.E.2d ----, 2019 WL 2559527 (Case No. A19A0005, decided June 21, 2019), quoting Canton Plaza, Inc. v. Regions Bank, Inc. , 315 Ga. App. 303 , 303-304, 732 S.E.2d 449 (2012). 11 See Trotter v. Summerour , 273 Ga. App. 26

2019See generally Milum v. Banks , 283 Ga. App. 864 , 870 (2), 642 S.E.2d 892 (2007) ("[I]n the absence of a specific and timely objection, a party waives error relating to the manner in which questions are submitted to the jury.") (punctuation omitted). 9 See King , 347 Ga. App. at 606 , 820 S.E.2d 445 . 10 (Punctuation omitted.) Miller v. Lynch , --- Ga. App. ----, ---- (1), --- S.E.2d ----, 2019 WL 2559527 (Case No. A19A0005, decided June 21, 2019), quoting Canton Plaza, Inc. v. Regions Bank, Inc. , 315 Ga. App. 303 , 303-304, 732 S.E.2d 449 (2012). 11 See Trotter v. Summerour , 273 Ga. App. 26

2019See generally Milum v. Banks , 283 Ga. App. 864 , 870 (2), 642 S.E.2d 892 (2007) ("[I]n the absence of a specific and timely objection, a party waives error relating to the manner in which questions are submitted to the jury.") (punctuation omitted). 9 See King , 347 Ga. App. at 606 , 820 S.E.2d 445 . 10 (Punctuation omitted.) Miller v. Lynch , --- Ga. App. ----, ---- (1), --- S.E.2d ----, 2019 WL 2559527 (Case No. A19A0005, decided June 21, 2019), quoting Canton Plaza, Inc. v. Regions Bank, Inc. , 315 Ga. App. 303 , 303-304, 732 S.E.2d 449 (2012). 11 See Trotter v. Summerour , 273 Ga. App. 26

2019See generally Milum v. Banks , 283 Ga. App. 864 , 870 (2), 642 S.E.2d 892 (2007) ("[I]n the absence of a specific and timely objection, a party waives error relating to the manner in which questions are submitted to the jury.") (punctuation omitted). 9 See King , 347 Ga. App. at 606 , 820 S.E.2d 445 . 10 (Punctuation omitted.) Miller v. Lynch , --- Ga. App. ----, ---- (1), --- S.E.2d ----, 2019 WL 2559527 (Case No. A19A0005, decided June 21, 2019), quoting Canton Plaza, Inc. v. Regions Bank, Inc. , 315 Ga. App. 303 , 303-304, 732 S.E.2d 449 (2012). 11 See Trotter v. Summerour , 273 Ga. App. 26

2019See generally Milum v. Banks , 283 Ga. App. 864 , 870 (2), 642 S.E.2d 892 (2007) ("[I]n the absence of a specific and timely objection, a party waives error relating to the manner in which questions are submitted to the jury.") (punctuation omitted). 9 See King , 347 Ga. App. at 606 , 820 S.E.2d 445 . 10 (Punctuation omitted.) Miller v. Lynch , --- Ga. App. ----, ---- (1), --- S.E.2d ----, 2019 WL 2559527 (Case No. A19A0005, decided June 21, 2019), quoting Canton Plaza, Inc. v. Regions Bank, Inc. , 315 Ga. App. 303 , 303-304, 732 S.E.2d 449 (2012). 11 See Trotter v. Summerour , 273 Ga. App. 26

2019See generally Milum v. Banks , 283 Ga. App. 864 , 870 (2), 642 S.E.2d 892 (2007) ("[I]n the absence of a specific and timely objection, a party waives error relating to the manner in which questions are submitted to the jury.") (punctuation omitted). 9 See King , 347 Ga. App. at 606 , 820 S.E.2d 445 . 10 (Punctuation omitted.) Miller v. Lynch , --- Ga. App. ----, ---- (1), --- S.E.2d ----, 2019 WL 2559527 (Case No. A19A0005, decided June 21, 2019), quoting Canton Plaza, Inc. v. Regions Bank, Inc. , 315 Ga. App. 303 , 303-304, 732 S.E.2d 449 (2012). 11 See Trotter v. Summerour , 273 Ga. App. 26

2019See generally Milum v. Banks , 283 Ga. App. 864 , 870 (2), 642 S.E.2d 892 (2007) ("[I]n the absence of a specific and timely objection, a party waives error relating to the manner in which questions are submitted to the jury.") (punctuation omitted). 9 See King , 347 Ga. App. at 606 , 820 S.E.2d 445 . 10 (Punctuation omitted.) Miller v. Lynch , --- Ga. App. ----, ---- (1), --- S.E.2d ----, 2019 WL 2559527 (Case No. A19A0005, decided June 21, 2019), quoting Canton Plaza, Inc. v. Regions Bank, Inc. , 315 Ga. App. 303 , 303-304, 732 S.E.2d 449 (2012). 11 See Trotter v. Summerour , 273 Ga. App. 26

2019See generally Milum v. Banks , 283 Ga. App. 864 , 870 (2), 642 S.E.2d 892 (2007) ("[I]n the absence of a specific and timely objection, a party waives error relating to the manner in which questions are submitted to the jury.") (punctuation omitted). 9 See King , 347 Ga. App. at 606 , 820 S.E.2d 445 . 10 (Punctuation omitted.) Miller v. Lynch , --- Ga. App. ----, ---- (1), --- S.E.2d ----, 2019 WL 2559527 (Case No. A19A0005, decided June 21, 2019), quoting Canton Plaza, Inc. v. Regions Bank, Inc. , 315 Ga. App. 303 , 303-304, 732 S.E.2d 449 (2012). 11 See Trotter v. Summerour , 273 Ga. App. 26

2019See generally Milum v. Banks , 283 Ga. App. 864 , 870 (2), 642 S.E.2d 892 (2007) ("[I]n the absence of a specific and timely objection, a party waives error relating to the manner in which questions are submitted to the jury.") (punctuation omitted). 9 See King , 347 Ga. App. at 606 , 820 S.E.2d 445 . 10 (Punctuation omitted.) Miller v. Lynch , --- Ga. App. ----, ---- (1), --- S.E.2d ----, 2019 WL 2559527 (Case No. A19A0005, decided June 21, 2019), quoting Canton Plaza, Inc. v. Regions Bank, Inc. , 315 Ga. App. 303 , 303-304, 732 S.E.2d 449 (2012). 11 See Trotter v. Summerour , 273 Ga. App. 26

2019See generally Milum v. Banks , 283 Ga. App. 864 , 870 (2), 642 S.E.2d 892 (2007) ("[I]n the absence of a specific and timely objection, a party waives error relating to the manner in which questions are submitted to the jury.") (punctuation omitted). 9 See King , 347 Ga. App. at 606 , 820 S.E.2d 445 . 10 (Punctuation omitted.) Miller v. Lynch , --- Ga. App. ----, ---- (1), --- S.E.2d ----, 2019 WL 2559527 (Case No. A19A0005, decided June 21, 2019), quoting Canton Plaza, Inc. v. Regions Bank, Inc. , 315 Ga. App. 303 , 303-304, 732 S.E.2d 449 (2012). 11 See Trotter v. Summerour , 273 Ga. App. 26

2017Consequently, Auto-Owners’ “assertion^] that the verdict form was [confusing and did not conform to the evidence] cannot be raised now, as [those assertions were] not raised at the time the form was presented to the jury.” Pirkle v. Turner, 281 Ga. 846, 848 (2) ( 642 SE2d 849 ) (2007).

2017Consequently, Auto-Owners’ “assertion^] that the verdict form was [confusing and did not conform to the evidence] cannot be raised now, as [those assertions were] not raised at the time the form was presented to the jury.” Pirkle v. Turner, 281 Ga. 846, 848 (2) ( 642 SE2d 849 ) (2007).

2010Brannan’s misreading of Frostgate has been recognized in the Court of Appeals since Brannan was issued, see Overground Atlanta v. Dunn, 191 Ga. App. 188, 194-195 ( 381 SE2d 137 ) (1989) (Sognier, J., dissenting), and in at least one case in which there was a failure to object to a verdict form as it was submitted to the jury, and a failure to object to the verdict as returned by the jury, the Court of Appeals has continued to recognize that a verdict that is contradictory is void, and the consequent judgment must thus be set aside.

2010Brannan’s misreading of Frostgate has been recognized in the Court of Appeals since Brannan was issued, see Overground Atlanta v. Dunn, 191 Ga. App. 188, 194-195 ( 381 SE2d 137 ) (1989) (Sognier, J., dissenting), and in at least one case in which there was a failure to object to a verdict form as it was submitted to the jury, and a failure to object to the verdict as returned by the jury, the Court of Appeals has continued to recognize that a verdict that is contradictory is void, and the consequent judgment must thus be set aside.

1979Cline v. Kehs, 146 Ga. App. 350, 351 (3) ( 246 SE2d 329 ) (1978).

1979Cline v. Kehs, 146 Ga. App. 350, 351 (3) ( 246 SE2d 329 ) (1978).