Cummings v. Boyles

I respectfully dissent from the per curiam opinion of the court which eliminates the modification of the trial court’s decree provided for in our original opinion. 1 agree that the motion for a clarification should be considered as a petition for rehearing. It is also proper that the former opinion should be corrected, as we never intended to award to appellants the title to land they never acquired either by deed or by accretion or island formation within their original boundary.

I would correct the original opinion to direct that the lower court’s decree be modified to award to appellants so…