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Davis v. Foreman

The trial court did not err in granting the plaintiffs' renewed summary judgment motion because the denial of the plaintiffs' application for interlocutory review of the denial of their first motion for summary judgment did not operate as res judicata.

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Marion Davis appeals1 the trial court’s order granting summary judgment to Robert Foreman and other homeowners in Dogwood Forest Subdivision collectively, “the plaintiffs” in this suit concerning an easement.2 We affirm. To prevail on a motion for summary judgment, the moving party must demonstrate that there is no genuine issue of material fact, and that the undisputed facts warrant judgment as a matter of law.3 The grant of a motion for summary judgment is reviewed de novo, and the evidence and all reasonable inferences drawn therefrom must be viewed in the light most favorable to the nonmovant.4

So viewed, the record demonstrates the following relevant facts. Tibsen & Fair, Inc., “Tibsen” developed the Dogwood Forest Subdivision in Charlton County and recorded a plat referencing a 0.394 acre common area adjoining the St. Mary’s River for use by residents of the subdivision the “first plat”. This common area was deeded to the Dogwood Forest Homeowner’s Association, Inc. “HOA”, and Tibsen sold several lots with deeds that referenced the first plat. About ten months later, Tibsen recorded a new plat the “second plat” in the same subdivision that omitted the common area described in the first plat and created a different 0.310 acre common area, and incorporated the original common area into a new lot. This new lot was then conveyed to Marion Davis.

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