Ramsey v. State Department of Transportation & Highway Safety

HILL, Judge.

Defendant contends the court erred in denying his motion to dismiss at the conclusion of plaintiffs’ evidence and again at the close of all the evidence. Because defendant presented sufficient evidence that Parker Street was dedicated to and accepted for public use and an abandonment of Parker Street never occurred, we hold that the trial court erred in denying defendant’s motion to dismiss at the close of all the evidence.

There is ample evidence by plaintiffs from which the trial judge, sitting as a jury, could have found that defendants had acquired title by adverse possession…