Monte Bounds vs. Zella Cupp

Case Number
E2003-00692-COA-R3-CV
The appellees filed suit against the appellant, alleging that the appellees, Lawrence R. Bozeman and wife, Imogene Bozeman ("the appellees Bozeman"), owned a 12-foot wide easement accross the property of the appellant. The appellant filed an answer, relying upon "the affirmative defense of abandonment plus adverse possession by the [appellant]." Following a plenary trial, the court below found that the appellees Bozeman had an express easement across the property of the appellant and that they "ha[d] not taken action of clear and unmistakable character indicating an abandonment of the easement." The appellant contends on this appeal that the trial court erred in failing to find abandonment of the easement. Since there is no transcript or statement of the evidence in the record before us, we affirm the judgment of the trial court.
Authoring Judge
Judge Charles D. Susano, Jr.
Originating Judge
Sharon J. Bell
Case Name
Monte Bounds vs. Zella Cupp
Date Filed
Dissent or Concur
No
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