Jensen Ranch, Inc. v. Marsden

MILLER, Justice.

In this appeal, concerning a boundary fence dispute, we hold that (1) the trial court erred in converting one party’s motion to dismiss into a summary judgment for the other party; (2) the trial court did not err in refusing to dismiss the action based upon a claim of service of notice upon the wrong parties; (3) the trial court did not err in denying punitive damages, and (4) the trial court erred in determining that prejudgment interest was not allowable.

Thus, we affirm in part, reverse in part, and remand.

FACTS

This action involves an unfortunate fence line dispute between…