Jones v. Smith

A judgment was entered establishing a boundary between property owned by Roosevelt J. Jones and John C. Smith in accordance with a survey prepared by Smiths surveyor, Dan Hampton. By way of a declaratory judgment, the trial court also granted Smith a judgment against Jones for damages of $8,943.00 and attorneys fees of $10,000.00. Jones presents several issues: (1) legal and factual sufficiency of the evidence to support the determination of placement of the boundary line; (2) use of a declaratory judgment in granting relief; (3) failure to abate the case due to non-joinder of other cotenants; and (4) failure to rule on Jones motion for sanctions for discovery abuse and summary judgment. We reform the judgment to delete the damages and attorneys fee awards and otherwise affirm the judgment.