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Meadows v. Barker

The parties' discovery agreement to show documents to each other before a special master's hearing was not enforceable as a pre-hearing order since the special master did not sign it.

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Jason Barker and Candace Barker constructed a driveway on their property in Floyd County. W.D. Meadows, the owner of the property north of the Barkers’ lot, sued the Barkers in superior court, alleging that the driveway was on his property and asking that the court determine the location of the boundary line between the southern edge of his property and the northern edge of the Barkers’ property. The court appointed a special master, who held an evidentiary hearing on the matter. After the hearing, the special master issued his report in favor of the Barkers, finding that the boundary line is located further north than Meadows claims. The superior court adopted the special master’s report as its own order. Meadows appeals from the court’s order.

1. Meadows argues that the special master erred by allowing the Barkers to introduce at the hearing three plats and a contract because the Barkers had not shown any of those documents to Meadows before the hearing as required by a pre-hearing discovery agreement. In support of his argument, Meadows cites D. Jack Davis Corp. v. Karp,1 in which this court upheld a trial court’s exclusion of a document not listed in a pretrial order.

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