Morris v. Mullis

BLACKBURN, Presiding Judge,

concurring in Division 3 and in part as to Division 4 and dissenting in Divisions 1, 2, and 5 and the judgment.

This is a case of foiled judge shopping. In a struggle to obtain a prescriptive easement over their neighbors’ property, Ellie Morris, Martha Sue Morris, and Debra M. Muth (the Plaintiffs) first filed a petition in superior court and received a temporary easement over the property of Kay Mullis and Lamar Mullis (the Defendants). In this initial pleading, however, the Plaintiffs verified facts under oath establishing that their use of the property was merely…