Middleton v. Middleton

Hunt, Justice.

The trial court ruled that the wife had waived her right of privacy by engaging in lascivious conversations over the family telephone which had been tapped by her husband, and thus, that the tape-recorded conversations would be admissible in their upcoming divorce trial. We granted the wife’s application to appeal.

1. In Ransom v. Ransom, 253 Ga. 656 (324 SE2d 437) (1985), we held that such tapes, made in violation of OCGA § 16-11-62, 1 were inadmissible in a divorce trial, but did not reach in that case the issue of waiver. The trial court here, relying on the fact that the…