Barker v. Bennett

On Rehearing Ex Mero Mota

MOORE, Judge.

This court’s opinion of September 23, 2016, is withdrawn, and the following is substituted therefor.

Deborah Barker, Howard Thomas, Tari-sha Thomas, Johnny F. Morgan, and Allison S. Morgan (hereinafter referred to collectively as “the defendants”) appeal from a judgment entered by the Calhoun Circuit Court (“the trial court”) finding that Joe N. Bennett has a prescriptive easement over a certain roadway (“the roadway”) that passes through the defendants’ respective properties. We affirm the trial court’s judgment.

Procedural History

On July 31, 2013, Bennett…