TERRY MULLINS v. ALFRED L. LOCKE ET AL. - Articles

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Posted by: Barry Kolar on Jul 24, 2012

Court: TN Court of Appeals

Attorneys 1:

Andrew F. Tucker, Dayton, Tennessee, for the appellant, Terry Mullins.

Attorneys 2:

Justin C. Angel, Pikeville, Tennessee, for the appellees, Alfred L. Locke, Sidney W. Locke, and William D. Gillespie and wife, Kimberly Gillespie.

Judge(s): SUSANO

Terry Mullins (“the Plaintiff”) filed this action seeking a declaratory judgment and an injunction to prohibit landowners (collectively “the Defendants”) to his south from using a driveway they constructed across his property. Following a bench trial,1 the court dismissed the Plaintiff’s complaint. The court held that the proof established that the Defendants had a prescriptive easement over the Plaintiff’s property. The Plaintiff appeals. We remand to the trial court for the purpose of allowing that court to correct a defect in the record.

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