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Haygood v. Tilley

There is not constitutional or statutory right to a jury at an injunction hearing.

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In this dispute over a driveway easement, we review the trial court’s order granting interlocutory relief.1 Finding no abuse of discretion, we affirm. In its order, the trial court consolidated two actions on the grounds that both involved disputes over the use and control of the easement: one arising from Phil Tilley’s petition for temporary, interlocutory, and permanent injunctive relief; and the other from the complaint filed by Johnny and Donna Haygood.

The record reflects that a survey performed on or about April 11, 2006, shows that five parcels of land are located in Land Lot 250, 21st District, 3rd Section in Polk County, and are designated alphabetically as parcels “A” through “E.” The survey shows a 20-foot easement along the existing drive that travels from Whitman Road to parcel “B,” which included a house. Tilley acquired parcel “B” in 2007 from Dan Forsyth. The Haygoods acquired parcel “C” in 2001 from Clay Johnson, and the legal description attached to their warranty deed described the land conveyed to include the driveway easement.

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