McConnell v. Akins

Jimmy McConnell appeals from a jury verdict for defendant Parrish Akins on McConnell’s claim for damages incurred after the car in which he was a passenger hit one of Akins’s cows. After reviewing the record, we conclude there was no reversible error and affirm. 1. In his first enumeration of error, McConnell claims the trial judge made an improper comment in front of the jury. But, McConnell’s counsel did not object to the remarks and did not move for a mistrial. The next day, after the close of evidence, counsel stated that he thought the remarks were improper and moved for a mistrial.

The motion was not timely and the trial court did not err in denying it. A motion for mistrial must be made at the time the alleged harmful error is committed. Yim v. State, 256 Ga. App. 667 569 SE2d 601 2002; Freedman v. Housing Authority of Atlanta , 108 Ga. App. 418, 419 136 SE2d 544 1963. If no opportunity is given the court to cure any alleged error, it is waived. Sabree v. State , 195 Ga. App. 135, 138 392 SE2d 886 1990.