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Barrios v. Simpkins

Court of Appeals of Tennessee, Nashville

July 29, 2019

TONI BARRIOS, ET AL.
v.
CHARLIE SIMPKINS, ET AL.

         Session: June 6, 2018

          Interlocutory Appeal from the Chancery Court for Cheatham County No. 16245 Philip E. Smith, Judge [1]

         The plaintiffs filed a complaint against the defendants for trespass and sought a declaration of the boundary line between the two properties, among other things. Following discovery, the defendants moved for summary judgment on the grounds that a prior case involving the plaintiffs and the prior owner of the defendants' property had established the boundary line between the two properties. The trial court granted the defendants' motion. The plaintiffs appeal. We reverse the court's decision and remand for it to hear evidence and to establish the boundary line between the two properties.

         Tenn. R. App. P. 9 Interlocutory Appeal; Judgment of the Chancery Court Reversed; Case Remanded

          Irene R. Haude, Nashville, Tennessee, and Rhonda R. Crabtree, Ashland City, Tennessee, for the appellants, Toni Barrios and Louis Barrios.

          B. Nathan Hunt and Hollie Lura Smith, Clarksville, Tennessee, for the appellees, Charlie Simpkins and Jackie Simpkins.

          John W. McClarty, J., delivered the opinion of the court, in which Frank G. Clement, Jr., P.J., M.S., and Andy D. Bennett, J., joined.

          OPINION

          JOHN W. MCCLARTY, JUDGE.

         I. Background

         This case involves two separate lawsuits decided by the trial court, to which Toni and Louis Barrios ("Appellants"), were parties. In the first case, Nicholson v. Barrios ("the prior case"), [2] Appellants were named as defendants by their neighbor, Mary Louise Nicholson ("Ms. Nicholson"), when she alleged that a storage shed that Appellants were constructing protruded beyond their property line and onto her property. The prior case was filed on July 5, 2011, and, in paragraph six of her complaint, Ms. Nicholson referenced an attached property survey completed by Jeff Chandler of Chandler Surveying ("the Chandler survey"), which showed that a corner of the storage shed crossed the property line at issue. In the corresponding paragraph of their answer to Ms. Nicholson's complaint, Appellants denied the allegations regarding the Chandler survey.

         During the pending litigation of the prior case, Appellants removed the structure that Ms. Nicholson alleged was encroaching onto her property. It is the position of Appellants that, upon the removal of the structure, the case became moot. Following this removal, on November 16, 2012, Appellants and Ms. Nicholson entered into the agreed order below:

1) In this cause it appears to the satisfaction of the Court, as evidenced by the signatures of counsel for the respective parties hereto, that all matters and things in controversy have been compromised and settled and this cause should be dismissed with prejudice.
2) The Defendants, Louis S. Barrios and Toni Barrios, are hereby enjoined from placing any structure on the property of the Plaintiff, Mary Louise Nicholson.
3) It is, therefore, ORDERED, ADJUDGED, and DECREED by the Court that this cause be, and is hereby ...

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