John J. Bell and Rosemary Bell V‪.‬

This cause is before this Court on appellants Petition for Transfer. Appellants filed suit against appellees for damages to their real property by water, allegedly created by appellees development of their adjacent property. The trial court granted appellees Motion for Summary Judgment from which appellants appealed. The Court of Appeals affirmed the trial court in an unpublished memorandum decision. For the reasons set forth below, we grant appellants Petition for Transfer, thereby vacating the opinion of the Court of Appeals.