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Shepler v. Love9/14/2001
for claimed loss of a close and loving relationship with his children. For the following reasons, we affirm the trial court in regards to this issue.
Among other reasons, a new trial may be granted to any party on an issue if there was an error of law that occurred during trial that was brought to the attention of the trial court by the party making the application. Appellant claims that Appellee McGovern's attorney asked questions of Appellant containing assertions not supported by any evidence. In regards to Appellant's contention, his argument is misplaced because he relies on caselaw decided prior to the adoption of revisions to Evid.R. 607.
Evid.R. 607(B) permits any question pertaining to impeachment that implies the existence of an impeaching fact as long as the questioner has a reasonable basis for doing so. The line of questioning here was used in an effort to impeach Appellant's testimony that he had a close and loving relationship with his children by asking Appellant's daughter about alleged child abuse towards her brothers by Appellant. Appellee McGovern satisfied the requirements of Rule 607(B) because his questioning was reasonable in light of an email sent to him from the children's mother. While this email was not submitted as evidence, it did give Appellee McGovern a reasonable basis for asking the questions, and the questions were used for the impeachment of Appellant's prior testimony regarding his children.
Therefore, Appellant's fourth assignment of error is well taken and it is hereby sustained.
Having found error prejudicial to the Appellant herein, in the particulars assigned and argued, we reverse the judgment of the trial court and remand this matter for further proceedings consistent with this opinion.
Judgment reversed and Cause remanded.
BRYANT and HADLEY, JJ., concur.
(WALTERS, P.J., BRYANT and HADLEY, JJ., of the Third Appellate District sitting by assignment in the Sixth Appellate District.)
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