Mid-City National Bank v. C. A. Hemphill & Associates

This appeal arises out of the trial court’s denial of plaintiff’s motion for a preliminary injunction. Plaintiff sought, pursuant to an alleged implied easement, to restrain defendants from interfering with plaintiff’s use of a driveway which runs in part over land owned by defendant Patricia Pell. After hearings on plaintiff’s motion, the court denied the motion and, upon defendant’s oral motion for summary judgment and by agreement of the parties, entered a final judgment on the record established at the hearings.

On appeal plaintiff raises the following contentions: (1) an easement by…