Karpieniak v. Lowe

DEL SOLE, J.:

¶ 1 Appellants, Barry and Kathleen Lowe and Dawn Lowe Whitney, appeal from a Supplemental Decree entered May 7, 1998, in this equity action. We reverse.

¶ 2 The sole issue raised on appeal is whether the trial court had the power to enter the Supplemental Decree, which substantially altered its original decree, to create an easement across Appellants’ property when no such relief was requested either in the complaint or at trial and no easement was included in the court’s original decree.

¶ 3 A detailed recitation of the facts and procedural history is necessary to understand…