GGS, however, did not ask the trial court for any relief that would clarify the verdict or otherwise afford the jury that heard the evidence an opportunity to return an unambiguously proper verdict. See Clifton v. Clifton, 249 Ga. 831 , 832 (294 SE2d 518 ) (1982). Although GGS objected to the verdict form as being “improper and incorrect” because of the jury’s assignment of no fault to Serdula, it did not ask for a ruling on that objection.
[Cit.]” Clifton v. Clifton, 249 Ga. 831(2), 294 S.E.2d 518 (1982). See Ga. R., etc. Co. v. Tompkins, 138 Ga. 596, hn.9, 75 S.E. 664 (1912) (where the verdict did not reflect on which of the two counts it was based, “if this furnished any ground for objection to the verdict when returned, it was no cause for a new trial in the absence of any such objection.”).
We find neither harm, nor an abuse of the trial court's discretion in admitting the tax returns. See generally Clifton v. Clifton, 249 Ga. 831 (1) ( 294 SE2d 518) (1982) (evidence which shows that disbursements by husband exceeded the amount he claimed as income on his tax return is admissible to aid the jury in determining the amount of alimony to be awarded); Heidt v. Heidt, 225 Ga. 719 ( 171 SE2d 270) (1969) (tax returns may support a jury's finding of substantial increase in ability to pay alimony); Kitchin v. Kitchin, 219 Ga. 417 ( 133 SE2d 880) (1963) (jury chose to believe income tax returns of one of the parties in opposition to conflicting sworn testimony); Seagraves v. Seagraves, 193 Ga. 280 (1) ( 18 SE2d 460) (1942) (tax returns admissible to show amount and value of property admitted by taxpayer to be his). Mr. Lanier's tax returns for those years show that the parties were "married but filing separate returns."
1. The trial court concluded that this court's decision in Haselden v. Haselden, 255 Ga. 366 ( 338 S.E.2d 257) (1986), precluded testimony regarding the amount of any payments. Wife contends that under Clifton v. Clifton, 249 Ga. 831 ( 294 S.E.2d 518) (1982), this evidence was admissible to show husband's assets and earnings. She would have shown that husband, an Eastern Airlines pilot, was paying expenses totaling approximately $2588.
I disagree with the foregoing holding, because it conflicts with an existing decision of this court. Clifton v. Clifton, 249 Ga. 831 (1) ( 294 S.E.2d 518) (1982). In Clifton, id. at 832, a jury trial was held to determine the amount, if any, of alimony and child support to be awarded to the wife.
(Citation omitted.) Clifton v. Clifton, 249 Ga. 831, 832 ( 294 SE2d 518) (1982); accord LaBanz v. Bank South Macon, 198 Ga. App. 79, 82 (1) ( 400 SE2d 357) (1990); Folds v. Reese, supra at 292 (1). Id. at 560 (3) (a). As a result, the Davises have waived any claim regarding the failure to allocate the attorney fees.
261 Ga. 547 ( 407 SE2d 758) (1991). See Clifton v. Clifton, 249 Ga. 831, 832 (2) ( 294 SE2d 518) (1982). 3. Ward contends that the trial court erred in denying his motion for new trial.
(Citation omitted.) Clifton v. Clifton, 249 Ga. 831, 832 ( 294 S.E.2d 518) (1982); accord LaBanz v. Bank South Macon, 198 Ga. App. 79, 82 (1) ( 400 S.E.2d 357) (1990); Folds v. Reese, supra at 292 (1). (b) On plaintiffs' motion for new trial and j.n.o.v., they failed to raise the issue that the judgment was entered against IJL on a theory of breach of contract instead of tortious interference with contract.
However, `(u)pon hearing an improper verdict rendered, a litigant should not sit silently by, hoping to gain a retrial by failing to object. Todhunter v. Price, 248 Ga. 411 (1) ( 283 S.E.2d 864) (1981).' Clifton v. Clifton, 249 Ga. 831, 832 ( 294 S.E.2d 518) (1982)." LaBanz v. Bank South, Macon, 198 Ga. App. 79, 81 (1), 82, supra.
Todhunter v. Price, 248 Ga. 411 (1) ( 283 S.E.2d 864) (1981)." Clifton v. Clifton, 249 Ga. 831, 832 ( 294 S.E.2d 518) (1982). Any objection to the allegedly inconsistent verdict was waived by appellant's failure to raise it in the trial court when it could have been remedied then and there with the same jury if deemed erroneous.