Mize v. McGarity

Margaret McGarity, Phyllis M. Vann, and Elaine Adams the “petitioners” filed an action for declaratory judgment, injunctive relief, and trespass, alleging that Van Mize and Edna Mize were improperly interfering with the petitioners’ rights to easements located on the Mizes’ property. Following a bench trial, the trial court found in favor of the petitioners, concluding that they had easements for maintenance, ingress, and egress across two driveways and for the use of stairs located on the Mizes’ property. The court also enjoined the Mizes from further trespass and awarded attorney fees to the petitioners. The Mizes appeal, alleging in four enumerations that the trial court erred in concluding that the petitioners had easements on the Mizes’ property.1 The Mizes also contend that the trial court erred in finding that they had trespassed on the petitioners’ property and in awarding attorney fees to the petitioners. For reasons that follow, we affirm. On appeal from a bench trial, the trial court’s factual findings are equivalent to a jury verdict.2 Thus, we will affirm the trial court’s decision if it is supported by any evidence.3 However, we apply the plain legal error standard of review to legal issues.4

Viewed in a light favorable to the judgment5, the evidence shows that Lots 4, 5, and 6 are adjoining lakefront properties in the Chestatee Resort Subdivision at Lake Lanier. Lamar McGarity purchased Lot 4 in July 1965. Around the same time, his brother-in-law, Frank Davis, purchased Lot 5, and Davis’s co-worker, Eddie Howard, and his brother, Jimmy Howard, purchased Lot 6.6