Billy Butler, ET AL., v. Malvin Carvin Pitts, Jr., ET AL.

Case Number
W2016-01674-COA-R3-CV

This is the second appeal of this easement case.  Appellants, the servient land owners, appeal the trial court’s award of a monetary judgment in favor of Appellees, the owners of the dominant estate.  On remand, the parties agreed to have the trial court determine the precise location of the easement, but the trial court refused to hear the issue, and also refused to allow Appellants to make an offer of proof.  We vacate the damage award due to the trial court’s failure to make sufficient findings.  We also conclude that the trial court erred by refusing to determine the location of the easement.  Vacated and remanded.

Authoring Judge
Judge Kenny Armstrong
Originating Judge
Judge George R. Ellis
Case Name
Billy Butler, ET AL., v. Malvin Carvin Pitts, Jr., ET AL.
Date Filed
Dissent or Concur
No
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