State v. Brainard

ON MOTION FOR REHEARING

E.H. Brainard, II, and the other appellees (Brainard) have moved for an en banc consideration of their motion for rehearing, by which they vigorously contest our resolutions of the issues in this appeal. Remaining convinced that the issues were correctly resolved, the motion will be overruled with these additional comments regarding the issue of attorney’s and surveyor’s fees.

Without an in-depth address of the contradictory positions of the parties regarding the trial court’s award of attorney’s and survey- or’s fees, we reversed that part of the judgment and rendered a…