Broyles v. Broyles

CARDINE, Justice,

specially concurring.

Initially I was of the opinion that appel-lee’s judgment on his counterclaim should be reduced to the amount he had proven, or $6,354. It was his burden to prove his damages. If he failed to prove more than that amount, the award should be reduced accordingly. Upon further consideration, however, I find myself in agreement with Justice Rooney’s specially concurring opinion, i.e. that the remand should provide that the property listed in Exhibit 4 should be ordered returned to appellee, and, if it cannot be returned, that appellee recover whatever amount…