In re the Marriage of Howell-Hooyman
In re the Marriage of Howell-Hooyman
Opinion of the Court
Husband appeals from a judgment of dissolution. At issue were child custody, visitation, child support, property valuation and division and attorney fees. Wife appeared through counsel, and husband represented himself. The trial court ended the trial before husband completed his cross-examination of wife and before he presented his case-in-chief. We review for abuse of discretion, and reverse and remand.
This case has had several hearings in the trial court before the same judge on related matters. The trial court had scheduled the dissolution trial for one day. It began at about 9:30 a.m., at which time the parties and the court spent about an hour clarifying exhibits. Wife testified, presenting her case-in-chief until the noon recess. After the recess, wife presented an expert witness, out of order, to testify concerning custody of the parties’ minor children.
Husband’s other assignment of error requires no discussion.
Reversed and remanded. Costs to husband.
The expert witness was a marriage and family counselor with the Marion County Court Services. At the trial court’s request, he had performed a “Family Court Custody and Visitation Study.” The witness had not yet filed his report, but had written a letter to the court recommending that custody be awarded to wife. Husband received a copy of the letter the morning of the trial. Although there had been prior proceedings in the case, the witness’ testimony at the trial was the first time that the court and the parties heard details of the study and the expert witnesses’ conclusions.
Reference
- Full Case Name
- In the Matter of the Marriage of Vivian M. HOWELL-HOOYMAN, aka Vicky Hooyman, and Dennis R. HOOYMAN
- Cited By
- 13 cases
- Status
- Published