Smith v. McCarthy

OPINION ON REHEARING

LEE ANN DAUPHINOT, Justice.

On March 16, 2006, this Court issued an opinion affirming the trial court’s judgment. Appellants William Smith and Jeanie Feeney-Smith filed a motion for rehearing. After due consideration, we deny the Smiths’ motion for rehearing, but we withdraw our opinion and judgment dated March 16, 2006, and substitute the following. The disposition, however, remains unchanged.

I. Facts and Procedural History

This case arose out of a dispute regarding the ownership of a strip of property between the Smiths’ house and Appellee Dawn McCarthy’s house. McCarthy…