Jacobs v. Roschevitz

JAMES K. PREWITT, Judge.

Plaintiff appeals from a judgment entered after Plaintiff presented his evidence in a non-jury trial. Plaintiff filed a three-count petition seeking quiet title, easement of ingress and egress by adverse user, and an injunction. At issue is the right of Plaintiff to own or use a “driveway” to his house that crosses real property whose record title is held by Defendants.

Following the presentation of Plaintiffs evidence, Defendants’ then-counsel made “a motion for summary judgment.” Following argument of counsel, the trial judge announced, “The motion for directed…