Carroll v. Carroll

OPINION

MOORE, Judge:

James and Deborah Carroll (James) appeal the order of the Warren Circuit Court denying their motion for summary judgment and granting John and Lois Carroll’s (John) motion for partial summary judgment. After a careful review of the record, we affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

This action arose from a dispute over John’s use of a driveway that crosses over James’ property and serves as a means of access to the nearest roadway. By way of background, James initially purchased 6.08 acres of the subject property in 1976. However, on April 15, 1978, James re-conveyed…