Barner v. Binkley

Blackburn, Judge.

Following a bench trial at which he did not appear, Gary Barner appeals the trial court’s denial of his motion to set aside the judgment entered against him on Thelma Binkley’s claims of abandonment of easement and trespass. Barner claims that he did not receive notice of the trial and that he never waived his right to a jury trial. For purposes of this opinion, we assume Barner received proper notice, since we must reverse in any case based on a violation of Barner’s right to a jury trial.

The undisputed facts show that on April 23, 2008, Binkley filed suit against Barner,…