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Spivey v. Smith

In a boundary line dispute, the trial court did not err in setting aside the jury verdict in landowner's favor, because landowner's evidence was too vague and indefinite to allow recovery.

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These companion cases relate to a boundary line dispute between Leon Spivey and the trustees of Red Bluff Church “the Church”. In Case No. A09A2011, Spivey appeals from the trial court’s grant of a judgment in favor of the Church following a jury verdict in his favor. In Case No. A09A2012, the Church asserts that the trial court erred by failing to convene a new trial for consideration of the damages and attorney fees claimed by the Church. For the reasons set forth below, we affirm in Case No. A09A2011 and vacate and remand in Case No. A09A2012. On appeal from a trial court’s rulings on motions for directed verdict and j.n.o.v., we review and resolve the evidence and any doubts or ambiguities in favor of the verdict; directed verdicts and judgments n.o.v. are not proper unless there is no conflict in the evidence as to any material issue and the evidence introduced, with all reasonable deductions therefrom, demands a certain verdict. Citation omitted. James E. Warren, M.D., P.C. v. Weber & Warren Anesthesia Svcs. , 272 Ga. App. 232, 235 2 612 SE2d 17 2005.

So viewed, the record shows that the Church sued Leon Spivey to establish a boundary line between land owned by the Church and adjoining land owned by Leon Spivey. The lawsuit was triggered by Spivey’s objection to the Church’s attempt to remove timber to fund needed repairs for the Church in 2006. This timber was located on the south end of the Church’s land. The Church submitted evidence showing the value of this timber and that it no longer had access to this timber.

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