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Posted by: Tanja Trezise on Apr 30, 2012

Court: TN Court of Appeals

Attorneys 1:

Callie A. West and M. Adam West, Knoxville, Tennessee, appellants, pro se.

Attorneys 2:

James M. Cornelius, Jr., and James P. Moneyhun, Jr., Knoxville, Tennessee, for the appellee, H. Jewell Tindell.

No appearance by or on behalf of appellee Sandra Stallings.

Judge(s): SUSANO

A dispute over the extent of lawn being mowed and the manner in which it was being mowed escalated into this action filed by H. Jewell Tindell against her neighbors, Callie A. West and husband, M. Adam West (collectively “the Defendants”). The Plaintiff asked that the boundary line between the neighboring lots be established and demanded compensatory and punitive damages. The Defendants filed a third-party complaint against their predecessor in title, Sandra Stallings, based upon her alleged misrepresentation in her disclosure to them. After a bench trial, the court awarded the Plaintiff a judgment establishing the boundary according to one of her two surveys, and awarded her the cost of her surveys as damages. The court also ordered the Defendants to remove all encroachments. The court found that Ms. Stallings failed to disclose known encroachments and held her liable to the Defendants for one-half of the cost of the surveys. The Defendants appeal. We reverse that part of the judgment awarding as damages the cost of the surveys. In all other respects, we affirm the trial court’s judgment.