Ex Parte Gilley

Michael J. Gilley and Susan Helms Gil-ley petitioned this Court for a writ of certiorari to review the Court of Civil Appeals’ decision reversing the trial court’s decision granting the Gilleys a prescriptive easement over Demarius Hughes Aman’s property. See Aman v. Gilley, 55 So.3d 235 (Ala.Civ.App.2005). We granted cer-tiorari review to consider whether the Court of Civil Appeals’ decision conflicts with our precedent concerning the application of the ore tenus rule in a case such as this one. See Rule 39(a)(1)(D), Ala. R.App. P. For the following reasons, this Court reverses the Court of…