SHARON K. BARTON, ROBERT FRANKLIN BRYANT, GALLIE THOMAS BRYANT, AND FRANCES PAULETTE BRYANT, APPELLANTS
BOBBY AND SHEILA BROCKINTON, APPELLEES
FROM THE FAULKNER COUNTY CIRCUIT COURT. NO. CV-2012-721.
HONORABLE H.G. FOSTER, JUDGE.
APPELLANT: ROBERT STEVEN TSCHIEMER.
APPELLEE: JAMES GREGORY CRUMPTON; STEFAN KANE MCBRIDE.
BRANDON J. HARRISON, Judge
K. Barton, Robert Franklin Bryant, Gallie Thomas Bryant, and
Paulette Frances Bryant (collectively the Bryants) filed a
complaint for trespass and ejectment against Bobby and Sheila
Brockinton in Faulkner County Circuit Court in August 2012.
The Bryants and the Brockintons are adjacent landowners.
Bryants amended their complaint in October 2012, alleging
that the Brockintons had destroyed a fence, trespassed, and
constructed three storage units on their land. The Bryants
asked for a total of $40,000 in damages and for the court to
eject the Brockintons from their property. The Brockintons
responded to the Bryants' complaint, denied all
allegations of wrongdoing, and raised fourteen affirmative
April 2013, the Brockintons moved for summary judgment. The
circuit court held a hearing on the summary-judgment motion
in July 2013 and orally denied it. Two months later, the
Brockintons filed a counterclaim, alleging that the
Bryants' lawsuit " caused a cloud" on their
title, making them unable to build duplexes on the property,
and that they were entitled to $1,200 in monthly damages. The
Bryants responded and argued, among other things, that the
Brockintons failed to state sufficient facts upon which
relief could be granted, and their counterclaim should be
dismissed pursuant to Arkansas Rule of Civil Procedure
case was tried in April 2014 over the course of two days. The
forth competing surveys and testimony about the proper
boundary line between the Brockintons' and Bryants'
properties. The court entered a written order on 4 June 2014,
1. This is the Court of proper jurisdiction and venue.
2. This case involved the location of a boundary between the
property of the ...