Ore Tenus Presumption of Correctness Heightened in Boundary Line and Adverse Possession Cases
In a routine case, when the trial court hears the evidence ore tenus, an appellate court presumes that the trial court’s findings based upon that testimony are correct. When the dispute at issue is a boundary line dispute or a case concerning adverse possession, the presumption of correctness is enhanced, particularly “if the trial court personally views the property in dispute.” Shirey v. Pitman, No. 2060574 (Ala. Civ. App. Nov. 30, 2007).
