Drummond v. Shepherd

LarryD. Vaught, Judge.

Appellant Curtis Drummond argues that the trial court erred by dismissing his prescriptive-easement action and erroneously granting appellees’ motion for attorney’s fees. We affirm in part and reverse in part.

This case began in October 2004, when Drummond filed a complaint asserting a right-of-use easement (on a gravel drive) across appellees’ property. In response to his claim, appellees filed a 12(b)(6) motion to dismiss — arguing that Drummond had previously sought to have this same drive designated a roadway-by-necessity in county court. Appellees noted that the…