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Sanders v. Campbell

Alabama Court of Civil Appeals

January 16, 2015

Nandean Sanders
v.
Averline Campbell and Jerry Winston Lawrence

Released for Publication August 5, 2015.

Appeal from Dallas Circuit Court. (CV-09-86). Marvin W. Wiggins, TRIAL JUDGE.

REVERSED AND REMANDED.

For Appellant: John W. Kelly III and J. Wesley Kelly IV of Kelly & Kelly, Selma.

For Appellees: Geraldine Turner-Wofford, Legal Services Alabama, Inc., Selma.

THOMAS, Judge. Thompson, P.J., and Pittman, Moore, and Donaldson, JJ., concur.

OPINION

Page 1238

THOMAS, Judge.

Nandean Sanders appeals from a judgment of the Dallas Circuit Court (" the trial court" ) in favor of E.I. Campbell, Averline Campbell, and Jerry Winston Lawrence (hereinafter collectively referred to as " the defendants" ).[1]

This is the second time these parties have been before this court regarding their property dispute. See Sanders v. Campbell, 123 So.3d 531 (Ala.Civ.App. 2013). In Sanders, this court set out the procedural history as follows:

Page 1239

" Sanders and the defendants are the owners of adjoining properties located in Dallas County. On May 13, 2009, Sanders filed a complaint asking the trial court for declarative and injunctive relief regarding a disputed strip of property ('the disputed strip') that Sanders and the defendants both claimed to own. On July 16, 2009, the defendants filed an answer to the complaint and a counterclaim asking the trial court to establish the boundary line between Sanders's property and the defendants' property, to order Sanders to 'cease and desist from her encroachment of and efforts to claim any right, title or interest in [the disputed] property,' and to enter a permanent injunction enjoining Sanders from trespassing on the disputed property. Sanders filed an answer to the counterclaim on July 17, 2009.
" A trial was held on May 10, 2011, at which the trial court heard evidence ore tenus. The trial court entered a judgment on April 4, 2012 ('the April 4 judgment'), in favor of the defendants. The April 4 judgment stated:
" '1. Judgment is in favor of the Defendants, E.I. Campbell, Averline Campbell and Jerry Winston Lawrence and against the Plaintiff, Na[n]dean Sanders, on account of statutory adverse possession. Defendants met their burden and properly satisfied the court that they are coterminous landowners with [Sanders] and have held actual possession of the disputed strip of land openly and exclusively for more than 10 years, believing it to be the actual property line. Strickland v. Markos, 566 So.2d 229 (Ala. 1990); Kubiszyn v. Bradley, 292 Ala. 570, 298 So.2d 9 (1974).
" '2. That defendants have held the land between the parties that includes the flowerbed as testified and presented in court, and three (3) feet beyond such point. Said point shall be the properly established property line for said parties. The defendants are authorized, at their expenses, to have prepared a boundary survey to reflect such and ...

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