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R. C. Acres Inc. v. Cambridge Faire Properties LLC

The new Georgia Evidence Code does not limit cross-examination to the scope of direct, as it does not track the federal rule.

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These appeals arise from litigation involving the location and extent of an easement of access to real property, and alleged damages as a result of interference with the easement. In 2009, R. C. Acres, Inc. “R. C.” filed a complaint seeking to quiet title to an alleged easement of access to its land and for damages against Cambridge Faire Properties, LLC and Mommies Properties, LLC as owners of adjoining parcels. After numerous amendments and motions to join parties and to intervene, the case proceeded to trial in 2013 as to appellees Mommies Properties, LLC, Vinay Bose, and Patricia Whitney d/b/a Flowered Rock Farm “the M. P. defendants” and Cambridge Faire LLC, Dewey White, and White Repair Contracting Co. “the Cambridge defendants”, as well as other entities not parties to this appeal.1

In a bifurcated trial, the jury returned two detailed special verdicts. The first verdict marked the easement’s original and ultimate locations, and the second awarded damages to R. C. against the Cambridge defendants for interference with its easement, but found in favor of the M. P. defendants.2 Judgment was entered on the jury’s verdicts, and the parties filed various post-trial motions. But before any rulings were made by the trial court, R. C. filed its notice of appeal. Mommies Properties and Bose also filed conditional cross-appeals of the trial court’s order denying their motions for sanctions for the alleged spoliation of evidence.3

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