Ervin King v. Sam Gale

¶ 32. I agree with the majority opinion that the circuit did not err in denying *596King’s claim to a prescriptive easement. However, excluding the survey plat from evidence and changing the dismissal of the easement by necessity from a dismissal without prejudice to a dismissal with prejudice resulted in an abuse of discretion. Therefore, I respectfully dissent.

Denial of Survey Plat into Evidence

¶ S3. King argues that the sketch of the survey plat should have been admitted into evidence because it was a part of regularly kept business records, an exception to the hearsay rule. King contends that…