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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. E2016-00944-COA-R3-CV
Regular Panel Decision
Feb 28, 2017

Donna Babb Frinks v. Patricia Eileen Horvath

The case involves Donna Babb Frinks appealing a decision regarding her property rights on Douglas Lake against Patricia Eileen Horvath. Frinks claimed Horvath trespassed by placing a dock on her inherited lakefront property, which lies below the lake's fluctuating water line. The trial court dismissed Frinks' complaint, ruling that Horvath had established adverse possession. On appeal, the Court of Appeals of Tennessee affirmed the trial court's judgment, clarifying that while the common law twenty-year adverse possession period was not met, Horvath successfully established the seven-year statutory affirmative defense of adverse possession under Tennessee Code Annotated § 28-2-103. The court also dismissed Frinks' request for injunctive relief due to the successful adverse possession defense.

Adverse PossessionProperty DisputeReal Estate LawTrespassLakefront AccessDock PlacementTennessee Valley AuthorityStatutory InterpretationAppellate ProcedurePro Se Representation
References
32
Case No. MISSING
Regular Panel Decision

Cumulus Broadcasting, Inc. v. Shim

Plaintiff Cumulus and its predecessors initiated a suit claiming adverse possession of a service road that encroached onto Defendant Shim's adjacent property. The Chancery Court granted summary judgment to Cumulus based on common law adverse possession. The Court of Appeals reversed, asserting that Cumulus's failure to pay taxes on the disputed strip, as per Tennessee Code Annotated section 28-2-110, barred the claim. This Court reversed the Court of Appeals, holding that the statutory bar in TCA 28-2-110 does not apply to minor boundary disputes between contiguous properties where both owners had paid taxes on their respective main tracts. The judgment of the Chancery Court, confirming Cumulus's common law adverse possession, was reinstated.

Adverse PossessionBoundary DisputeReal Estate TaxesCommon LawStatutory BarPrescriptive EasementSummary JudgmentContiguous PropertyLand DisputeProperty Law
References
60
Case No. MISSING
Regular Panel Decision

Dyer v. Cotton

Eddie Dyer sued Ronald Cotton in a trespass to try title suit, claiming adverse possession of a 6/7th interest in farmland in Grimes County, Texas, in addition to a 1/7th interest he acquired by conveyance. A jury found that Dyer had not adversely possessed the property, and the trial court entered a take-nothing judgment against Dyer. On appeal, Dyer contended that insufficient evidence supported the jury's finding and that the trial court erred in jury instructions and evidentiary rulings. The appellate court affirmed the trial court's judgment, concluding that sufficient evidence supported the jury's verdict and that the trial court did not abuse its discretion in its jury instructions or evidentiary rulings. The court specifically addressed Dyer's claim of adverse possession against co-tenants, requiring proof of ouster or repudiation, and found the evidence factually and legally sufficient to support the jury's decision.

Adverse PossessionCo-TenancyTrespass to Try TitleOusterRepudiationJury InstructionsEvidentiary RulingsLegal SufficiencyFactual SufficiencyParol Evidence Rule
References
59
Case No. 2025 NY Slip Op 00155 [234 AD3d 481]
Regular Panel Decision
Jan 09, 2025

Gelles v. Sauvage

Plaintiff Amy Gelles initiated an action to quiet title against defendant Pierre P. Sauvage, asserting adverse possession of a section of Sauvage's property containing a stone garage. Gelles argued she gained title through more than 10 years of continuous, hostile, actual, open, notorious, and exclusive possession since 1997. The Appellate Division affirmed the Supreme Court's decision granting partial summary judgment to Gelles. The court determined that Gelles presented clear and convincing evidence satisfying all adverse possession elements, including former RPAPL 522's requirements for substantial enclosure and improvement, and that Sauvage failed to counter the presumptions of hostile and exclusive possession.

Adverse PossessionQuiet TitleProperty LawReal PropertyRPAPL 501Hostile PossessionExclusive PossessionContinuous PossessionSummary JudgmentEncroachment
References
5
Case No. M2015-02212-COA-R3-CV
Regular Panel Decision
Jan 11, 2017

Josephine Phelps v. Vern Benke, Jr.

This case involves an appeal concerning a real property dispute over a "Barn Property" in Davidson County, Tennessee. Appellants Josephine Phelps and Roy Smith sought to establish ownership through adverse possession, claiming they had possessed the property for over seven years and that appellee Vern Benke, Jr.'s, counterclaim for ejectment was untimely. The Court of Appeals affirmed the trial court's decision, concluding that the Appellants had not met the seven-year statutory requirement for adverse possession when they initiated their lawsuit. The court also held that Benke's ejectment counterclaim was timely due to the relation-back doctrine under Tennessee Code Annotated section 28-1-114, and rejected the laches defense as it was not properly raised.

Adverse PossessionEjectmentReal Property LawStatute of LimitationsCounterclaimLachesColor of TitleAppellate ReviewDavidson CountyProperty Rights
References
25
Case No. 03-19-00063-CV
Regular Panel Decision
Mar 18, 2020

Mary Catherine Person v. Martha Pyron

This case concerns a property dispute between next-door neighbors, Mary Catherine Person and Martha Pyron, over a strip of land and the placement of a fence. Person claimed adverse possession of the land and sought an injunction to remove Pyron's fence. Pyron counterclaimed for trespass, seeking declaratory and injunctive relief regarding the property boundary. The dispute originated from the successive erection of three fences, with previous owners of Pyron's lot allowing Person's use of the disputed strip. The district court granted Pyron's motion for summary judgment, denied Person's, and established the property line based on a 2018 survey, ordering Person to remove encroachments. The Third District Court of Appeals affirmed the lower court's decision, ruling that Person failed to prove continuous hostile adverse possession for the statutory ten-year period, as her initial use was permissive and did not become adverse until 2016 or 2017.

Adverse PossessionProperty DisputeBoundary LineSummary JudgmentTrespassInjunctive ReliefReal PropertyFence DisputeTexas LawAppellate Review
References
5
Case No. 14-04-00430-CV
Regular Panel Decision
May 10, 2005

Cleveland Norman, Sharon Kay Norman, and Shamyia J. Lee v. Doyle R. Murphree

Appellants Cleveland Norman, Sharon Kay Norman, and Shamyia J. Lee appealed a $20,000 judgment stemming from a land dispute and civil assault. The case involved complex property ownership history in Dickinson, Texas, including a tax foreclosure and conflicting deeds, leading to a trespass to try title action. A key incident saw Cleveland Norman assault Doyle R. Murphree with a hammer over property access. The jury ruled in favor of Murphree, affirming his title and awarding damages for the assault, rejecting the appellants' adverse possession claims. The appellate court affirmed the trial court's judgment, addressing multiple points of error related to evidence sufficiency, adverse possession, and jury instructions.

Land disputeAdverse possessionTrespass to try titleCivil assaultProperty taxesTax saleSheriff's deedSufficiency of evidenceJury chargeAppellate procedure
References
11
Case No. MISSING
Regular Panel Decision

Bank of America, N.A. v. Prize Energy Resources, L.P.

This case concerns a dispute over the termination of an oil, gas, and mineral lease and a joint operating agreement in McMullen County, Texas. The Bank of America, as a lessor, sought rescission of a ratification agreement, alleging it was fraudulently induced to sign by Appellees, Prize Energy Resources, L.P. and the Rutherfords, who allegedly misrepresented the lease's status after a cessation of production. The trial court granted summary judgment in favor of the Appellees, applying defenses such as ratification, waiver, quasi-estoppel, and adverse possession. The appellate court reversed the trial court's order, finding genuine issues of material fact regarding the Bank's knowledge of the alleged fraud, the applicability of equitable defenses, and the Appellees' claims of adverse possession. The case was remanded for further proceedings consistent with the appellate opinion.

Oil and Gas LeaseMineral RightsLease TerminationFraudulent InducementContract RatificationWaiver (Legal Doctrine)Quasi-EstoppelAdverse PossessionSummary Judgment ReversalUnjust Enrichment
References
61
Case No. 04-13-00201-CV
Regular Panel Decision
Aug 29, 2014

Bank of America, N.A. as Trustee of Bettye Baker Brown Trust, U/w, F/B/O William David Deiss, Bettye Baker Brown Trust U/w, F/B/O Diane Elizabeth Mysliweic, Bettye Baker Brown Trust U/W/, F/B/O Paula Jane Roberts, Dorothy Baker Shaw 1966 Trust, Baker E. v. Prize Energy Resources, L.P., Prize Operating Company, Gruy Petroleum Management Company N/K/A Cimarex Energy Co. of Colorado, Magnum Hunter Resources, Inc., Cimarex Energy Co., Hunter Gas Gathering, Inc., Pat R. Rutherford Jr., Michael G. Rutherford, Rut

This case, heard by the Fourth Court of Appeals in San Antonio, Texas, addresses a dispute over the termination of an oil, gas, and mineral lease and a joint operating agreement (JOA) in McMullen County. Appellants, led by Bank of America as trustee, contested a trial court's summary judgment in favor of Appellees, Prize Energy Resources, concerning the alleged fraudulent inducement of a ratification agreement. The core issues involved the Bank's claims of waiver, ratification, quasi-estoppel, and adverse possession, all stemming from the belief that the Baker Lease terminated due to a cessation of production. The appellate court found genuine issues of material fact regarding the Bank's knowledge of fraud and its intent to waive its claims, as well as the applicability of quasi-estoppel and adverse possession. Consequently, the trial court's grant of summary judgment was reversed, and the case was remanded for further proceedings.

Oil and gas leaseJoint operating agreementMineral interestsLease terminationFraudulent inducementRatificationWaiverQuasi-estoppelAdverse possessionSummary judgment
References
55
Case No. MISSING
Regular Panel Decision

MHM Sponsors Co. v. Hirsch

Petitioner, Ogdan CAP Properties LLC, initiated a holdover proceeding against respondent, Paulette Hirsch, seeking possession of her apartment. The petitioner claimed Hirsch unreasonably refused access for necessary repairs to the wood flooring, a repair mandated by a housing code violation. Hirsch defended her refusal by citing severe allergies to the glue used for floor installation, fearing adverse health effects. The court, applying an objective standard, determined that Hirsch's refusal was unreasonable. It concluded that a prudent individual would accept a temporary health risk to mitigate a continuous safety hazard and could have avoided the risk by vacating the premises during repairs. Consequently, the court granted the petitioner a judgment of possession.

holdover proceedingunreasonable refusalaccess for repairshousing code violationlandlord-tenantallergic reactionglue fumesobjective standardjudgment of possessiontenant rights
References
9
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