PHILIP L. LOZANO III v. CHARLOTTE R. SAPPO ET AL. - Articles

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PHILIP L. LOZANO III v. CHARLOTTE R. SAPPO ET AL.

Posted by: Azya Thornton on Aug 22, 2025

Court: TN Court of Appeals

Attorneys 1: H. Edward Phillips III and Michal Durakiewicz, Franklin, Tennessee, for the appellant, Philip L. Lozano III.

Attorneys 2: J. Brad Scarbrough and Brandon A. Carnes, Nashville, Tennessee, for the appellees, Sheila McMorrow Jones and Robert Eric Jones.

Attorneys 3: David P. Cañas and Alyssa N. Wright, Franklin, Tennessee, for the appellee, Charlotte R. Sappo.

Judge(s): MCBRAYER

A property owner sued his neighbors, claiming that he acquired title to a part of their land by adverse possession or, in the alternative, that he held a prescriptive easement. He asserted additional causes of action against one of the neighbors, including private nuisance, trespass to land, and forcible entry and detainer. The neighbors sought dismissal of the action via Tennessee Rule of Procedure 12.02(6) motions. The trial court dismissed the claims for adverse possession and prescriptive easement based on Tennessee Code Annotated § 28-2-110(a). It dismissed all other claims except for private nuisance based on deficiencies in the complaint. We vacate the dismissal of the prescriptive easement claim because facts warranting application of the statutory bar do not clearly appear on the face of the complaint. Because the appellant waived review of all other issues, we otherwise affirm.

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