X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

On July 6, 2006, Thomas and Tracy Trammell the “Trammells” filed a quia timet action in Lamar County Superior Court, claiming ownership of a triangular tract of land in Lamar County. Royce and Ann Turner the “Turners” filed an answer and counterclaim, claiming ownership of the property in question based on their separate chain of title as well as adverse possession. Following a jury trial in which both the Trammells and the Turners presented evidence of their respective chains of title to the property, the jury returned a verdict in favor of the Trammells, awarding them the property in dispute. Following the denial of their motion for new trial, the Turners appeal, contending only that jury’s verdict was against the weight of the evidence. We affirm. “Where an appeal is from a judgment denying a motion for new trial on the general grounds, an appellate court can only review the evidence to determine if there is any evidence to support the verdict.” Citation and punctuation omitted. Jackson v. Tolliver , 277 Ga. 58, 59 1 586 SE2d 321 2003. This Court does not re-weigh the evidence, as “the finder of fact, in this case the jury, is the final arbiter of the weight of the evidence and the credibility of witnesses.” Hughes v. Cobb County , 264 Ga. 128, 131 1 441 SE2d 406 1994.

Here, as the Turners concede, “there is evidence on both sides of this case.” See the Turners’ Response to the Trammells’ Motion for Damages for Frivolous Appeal at 2.1 Because, as the Turners correctly “concede, there was at least some evidence to support the jury’s findings, . . . this court will not substitute its opinion concerning the weight of the evidence for that of the factfinder.” Id. The Turners’ contention that the verdict should be reversed based solely on the weight of the evidence presented is entirely without merit.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More

NY auto defense firm seeks experienced TRIAL ATTORNEY to do trials, motions, court appearances, and depositions.Salary range 115K-150K depen...


Apply Now ›

The New York State Unified Court System is one of the largest court systems in the nation with over 16,000 judges and non-judicial employees...


Apply Now ›

Our client, a boutique plaintiffs firm is seeking to hire a junior to mid-level litigation associate to join its growing team. Hired associ...


Apply Now ›