Rowe v. Dunn

Clara Dunn filed a motion to enforce a consent judgment against Claris Rowe on July 9, 2004, alleging that Rowe had failed to comply with the terms of that consent judgment. The trial court, after ore tenus proceedings, and after visiting the real property involved in this case, entered an order holding that Rowe had violated a portion of the consent judgment. Rowe timely appealed, whereupon this case was transferred to this court by the supreme court, pursuant to § 12-2-7(6), Ala. Code 1975.

The facts relevant to this case are simple. In 1999 Dunn and her husband sued Rowe, their neighbor,…