Alabama Appellate Watch
Standard of Review in Boundary-Line Dispute Between Coterminous Landowners
A trial court's findings in a boundary-line dispute are afforded deferential review:
Our standard of review in a boundary-line case is extremely deferential...Where a trial court hears ore tenus testimony...its findings based upon that testimony are presumed correct, and its judgment based on those findings will be reversed only if, after a consideration of all the evidence and after making all inferences that can logically be drawn from the evidence, the judgment is found to be plainly and palpably erroneous. The trial court's judgment will be affirmed if there is credible evidence to support the judgment. Furthermore, where the trial court does not make specific findings of fact concerning an issue, this Court will assume that the trial court made those findings necessary to support its judgment unless such findings would be clearly erroneous.
http://www.alabamaappellatewatch.com/admin/trackback/66656
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