Brannock v. The Lotus Fund

OPINION

BUSTAMANTE, Judge.

{1} Defendants The Lotus Fund (LF), Christine Hough Smith, and Christopher Smith appeal from the district court’s findings of facts and conclusions of law entering judgment 1 on behalf of Plaintiffs Ann Brannock, Daniel M. Mowery, and Marsha J. Mowery. On appeal, Defendants raise both issue and claim preclusion arguments and contend that, in any event, the district court erred in concluding that Plaintiffs proved the elements of prescriptive easement and easement by necessity. Concluding that the prior case does not have preclusive effect over the present case and…