Pruett v. Prinz
| Docket Number: | 2007-CA-00156-COA Linked Case(s): 2007-CA-00156-SCT ; 2007-CA-00156-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 04-15-2008 Opinion Author: ROBERTS, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Modification of custody - Adverse effect - Admission of DVD - M.R.E. 901(a) - M.R.E. 1002 - Separation from half-sister Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE AND CARLTON, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - CUSTODY |
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| Trial Court: |
Date of Trial Judgment: 12-19-2006 Appealed from: Harrison County Chancery Court Judge: Margaret Alfonso Disposition: CHANCELLOR MODIFIED CUSTODY Case Number: 2000-00019 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | TAMMY (PRINZ) PRUETT |
HENRY BERNARD ZUBER |
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| Appellee: | CHRISTOPHER STEVEN PRINZ | MICHAEL J. VALLETTE |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Modification of custody - Adverse effect - Admission of DVD - M.R.E. 901(a) - M.R.E. 1002 - Separation from half-sister |
| Summary of the Facts: | Tammy Pruett and Christopher Prinz were divorced in 2000. Tammy was given custody of the couple’s two minor children. Soon after the divorce, Tammy remarried and moved to South Carolina. Christopher and Tammy later agreed that Christopher should have physical custody of their oldest son. Tammy eventually moved in with her sister in Oklahoma. She later moved to Colorado with the couple’s youngest son. Christopher filed a petition for entry of an ex parte order temporarily granting him custody of his son. The trial court granted Christopher’s petition. Christopher filed another petition to enter an ex parte order, but he also requested permanent modification of custody of the couple’s son. The trial court found that a material change in circumstances occurred that adversely affected the couple’s son and that it was in the best interest of their son to be in the custody of his father. Tammy appeals. |
| Summary of Opinion Analysis: | Issue 1: Adverse effect Tammy argues that the trial court erred in modifying custody as she claims it did not identify an adverse impact on the couple’s son. At trial, the parent seeking custody modification must show a material change in circumstances occurred since the issuance of the decree sought to be modified; that the material change adversely affected the minor child; and that it would be in the child’s best interest for custody to change. From the record, it is clear that the adverse effect identified by the trial court stemmed mainly from Tammy’s inclusion of her son in her attempt to keep the truth of her relationship with another man from the trial court. Therefore, this issue is without merit. Issue 2: Admission of DVD Tammy argues that all evidence concerning the alleged cohabitation with another man was based solely upon a DVD and that under M.R.E. 901 and 1002, the trial court erred in admitting the DVD. Authentication under M.R.E. 901(a) can be accomplished through someone with knowledge of the events depicted on a videotape or, in this case, the DVD. The trial court asked Tammy if the DVD accurately depicted her home and vehicle, as well as the man’s vehicle in front of her house. She positively identified all three items. Additionally, she explained to the trial court that the man did not sleep at her house the night before the video, but he arrived that morning to help her with her children. Therefore, the DVD was properly authenticated. With regard to M.R.E. 1002, that rule states that the original writing, recording, or photograph is required to prove the content of the medium. Here, there is no indication in the record that the DVD sent to Christopher and played at trial was not the original recording of the events that occurred that morning. Similarly, there is no indication in the record that there was any other filmed surveillance of Tammy or her Colorado home at all. Since there is no evidence in the record that the DVD was not the original and complete recording of the surveillance of Tammy, this issue is without merit. Issue 3: Separation from half-sister Tammy argues that the court did not make the requisite inquiry concerning the separation of her son from his half-sister in its finding that the best interest of her son warranted a change in custody. There is no hard and fast rule that the best interest of siblings will be served by keeping them together. Here, the trial court did consider the separation of the couple’s son from his half-sister and his older brother (who was living with his father) in its multi-factor Albright analysis prior to finding that the best interest of the couple’s son would be served by a change in custody. Thus, this issue is without merit. |
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