Cumberland Advisory Group, LLC v. Martha Arnita Lee

Syllabus

This appeal arises from a boundary dispute in a residential neighborhood in Nashville. After a bench trial, the court determined the boundary between the plaintiff's and the defendants' properties was depicted on a survey prepared by the plaintiff's surveyor. The dispositive issue on appeal is whether the trial court erred in determining the location of the boundary. Having concluded that the evidence preponderates in favor of the trial court's decision, we affirm. Additionally, we have determined that the plaintiff is entitled to recover the reasonable and necessary expenses and attorney's fees incurred as the result of a frivolous appeal in accordance with Tenn. Code Ann. § 27-1-122. Therefore, we remand for the trial court to make the appropriate award.