State, Department of Highways v. Hurt

OPINION

TODD, Judge.

This is an eminent domain proceeding wherein Golf Enterprises, Inc., lessee of a part of the property taken, has appealed from the award of damages. The owners, J. Morgan Hurt and Ruth Wilson Hurt, have not appealed.

Initially, it is necessary to consider the appellee’s motion to dismiss the appeal because the property owners (lessors) are indispensable parties to the appeal and are not before this Court in this appeal.

Appellees insist that the interests of lessor and lessee are so inseparable that the appeal of one cannot be heard without the joinder of the other. No…