Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Humphrey v. Homecomings Fin. LLC

The appellants waived their claimed issues on appeal in a suit to reform warranty and security deeds.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Homecomings Financial, LLC1 filed a complaint against Thomas Humphrey and Susan Humphrey, seeking to reform a warranty deed and a security deed because of alleged scrivener’s errors in the deeds. A bench trial was held, after which the trial court entered judgment in favor of Homecomings Financial. The Humphreys appeal from that judgment reforming the deeds. 1. The Humphreys claim that the trial court erred in admitting certain survey plats and deeds, in accepting hearsay testimony from an expert witness and in rejecting the testimony of another witness. However, they failed to raise any of these issues concerning evidence admissibility in the trial court. It is well settled that no issue is presented for appellate review regarding a question of evidence admissibility as to which the trial court was not called to rule upon at trial. In order to raise on appeal an impropriety regarding the admissibility of evidence, the specific ground of objection must be made at the time the evidence is offered, and the failure to do so amounts to a waiver of that specific ground.2 At trial, when the exhibits in question were tendered for admission into evidence, the Humphreys expressly stated that they had no objection. With regard to the expert, the Humphrey’s raised no objections during any of his testimony. As for the alleged improper exclusion of testimony from another witness, the Humphreys have not indicated precisely what testimony was excluded or how they preserved this purported error for appellate consideration.3 Indeed, a review of the trial transcript reveals that during the witness’ testimony, the Humphreys made one objection on another ground, which was sustained, and that they never claimed that the trial court had improperly excluded any testimony by the witness. Because the Humphreys failed to make any of these specific objections in the trial court, they have waived the issues on appeal.4

2. The motion for imposition of a frivolous appeal penalty filed by Homecomings Financial is hereby denied.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
Client Services/Hospitality Representative - Florida Office

CLIENT SERVICES/Hospitality REPRESENTATIVE-FLORIDA OFFICE Prominent mid-Atlantic law firm with multiple regional office locations seeks a f...


Apply Now ›
Legal Practice Assistant - Florida Office

Prominent mid-Atlantic law firm with multiple regional office locations seeks a legal practice assistant (LPA) for our Boca Raton, FL. Offic...


Apply Now ›
Litigation Associate - Philadelphia, PA

Description: Fox Rothschild has an opening in the Philadelphia, PA office for a litigation associate. The ideal candidate will have two to t...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements