Nichols v. Culotches Bay Navigation Rights Committee, L.L.C.

RITA W. GRUBER, Judge.

| Appellants, Henry Nichols and Regions Bank, trustees for Alpha Trust, (hereinafter, “Alpha Trust”) bring this appeal from the Prairie County Circuit Court’s order of summary judgment, determining that a contested portion of Culotches Bay is navigable and subject to public use. Alpha Trust asserts two points on appeal: first, it contends that the trial court erred in granting summary judgment to appellee when appellee did not request summary judgment, and second, it contends that the trial court erred in denying its motion for summary judgment. We affirm the trial…