Spivey v. Smith

SMITH, Presiding Judge.

These companion cases relate to a boundary line dispute between Leon Spivey and the trustees of Red Bluff Church (“the Church”). In Case No. A09A2011, Spivey appeals from the trial court’s grant of a judgment in favor of the Church following a jury verdict in his favor. In Case No. A09A2012, the Church asserts that the trial court erred by failing to convene a new trial for consideration of the damages and attorney fees claimed by the Church. For the reasons set forth below, we affirm in Case No. A09A2011 and vacate in part and remand in Case No. A09A2012.

On appeal from…