DRUMMOND v. SHEPHERD

No. CA 06-438.

247 S.W.3d 526 (2007)

Curtis DRUMMOND, Appellant, v. Randall SHEPHERD, Shirley Shepherd, Brian Thomas and Dennis Shepherd, Appellees.

Court of Appeals of Arkansas.

January 24, 2007.


Attorney(s) appearing for the Case

Rinda Baker, The Baker Law Firm, PLLC, for appellant.

Philip A. Bagby, Bagby Law Firm, P.A., for appellees.


LARRY D. VAUGHT, Judge.

Appellant Curtis Drummond argues that the trial court erred by dismissing his prescriptive-easement action and erroneously granting appellees' motion for attorney's fees. We affirm in part and reverse in part.

This case began in October 2004, when Drummond filed a complaint asserting a right-of-use easement (on a gravel drive) across appellees' property. In response to his claim, appellees filed a 12(b)(6) motion to dismiss —...

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