Allbritton v. Dawkins

MOORE, Judge.

Mark Allbritton and Kristie Allbritton (“the Allbrittons”) appeal from a judgment declaring that “Allbritton Lane” is not a public road, denying their request for a restraining order and/or an injunction, and denying their claims that they held an easement by prescription or by necessity across property owned by Robert Daw-kins, Jr. We reverse the trial court’s judgment and remand the case to allow the joinder of indispensable parties.

Procedural Background

On January 23, 2008, Mark Allbritton and his wife, Kristie Allbritton, filed a “Petition for Temporary Restraining Order…