JACK OSBORNE, ET AL. v. MICHAEL HARDIN - Articles

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Posted by: Landry Butler on Jan 30, 2017

Court: TN Court of Appeals

Attorneys 1:

James D. Culp, Johnson City, Tennessee, for the appellants, Jack Osborne, Margaret Howell, and Kathy Street.

Attorneys 2:

James S. Pate, Erwin, Tennessee, for the appellee, Michael Hardin.

Judge(s): SWINEY

Jack Osborne, Margaret Howell, and Kathy Street (collectively “Plaintiffs”) sued Michael P. Hardin (“Defendant”) seeking to extinguish any right Defendant had to a right-of-way (“the Right-of-Way”) on real property located in Unicoi County, Tennessee. After a trial, the Chancery Court for Unicoi County (“the Trial Court”) entered a judgment finding and holding, inter alia, that the Right-of-Way is for the benefit of both Plaintiffs and Defendant and neither may block or impede the other’s use of the Right-of-Way. Plaintiffs appeal to this Court raising issues regarding whether the Trial Court erred in setting aside a judgment by default and proceeding with trial, whether the Trial Court erred in proceeding with trial in the absence of two of the Plaintiffs, and whether the Trial Court erred in finding that Plaintiffs failed to prove adverse possession. We find and hold that the Trial Court did not abuse its discretion in setting aside the judgment by default, that Plaintiffs never objected to proceeding with trial in the absence of the two Plaintiffs, and that Plaintiffs failed to prove adverse possession. We affirm the Trial Court’s judgment.

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