Simmons v. Bearden

Blackburn, Judge.

J. E. Simmons filed the underlying action sounding in trover and seeking damages against his neighbor, Jimmy Bearden. Following a bench trial, the trial court awarded Simmons the return of his property but denied the damages and extraordinary relief requested. Simmons appeals the trial court’s judgment asserting that the trial court erred in finding that he was required to identify his property and request its return prior to trial.

As the trial court was sitting as the trier of fact in a nonjury trial, its findings of fact are analogous to a jury verdict, and we will not…