Rudisill v. Icenhour

PHILLIPS, Judge.

Defendants’ appeal is from an order of summary judgment permanently enjoining them from using an unopened subdivision street that borders plaintiffs’ property and denying their motion to dismiss plaintiffs’ action. The only conflict in the pleadings, affidavits, deeds, maps and other materials of record — that the materials, both parties, and the court sometimes refer to the principal defendant as Harold J. Icenhour and other times as Howard J. Icenhour — is immaterial to the case and should be resolved by the parties on their own. In other pertinent part the materials…