Dispositions Other Than By Published Opinion | March 23, 2022
Oklahoma Court of Civil Appeals
Division I
118,828 – Jim Roddy and Shirley A. Roddy Trustees of the Roddy Living Trust dated October 18, 1999, and Kim and Shirley Roddy, Individually, Plaintiffs/Appellants, v. Stephen Jenks and Janyll Jenks, Jsquared Investments LLC, a Nevada limited liability company, Associated Mortgage Corporation, an Oklahoma Corporation, Hanscomb Federal Credit Union, Defendant/Appellees. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Rebecca B. Nightingale, Trial Judge. Plaintiffs/Appellants, Jim Roddy and Shirley A. Roddy, individually and as Trustees of the Roddy Living Trust Dated October 18, 1999, brought this action against Defendants/Appellees, Stephen Jenks and Janyll Jenks and JSquared Investments, LLC, to quiet Plaintiffs’ title to certain real property, establish a boundary by acquiescence, abate Defendants’ trespass, and restrain Defendants’ interference with the disputed property between the parties’ adjoining property. After Plaintiffs’ presentation of their case-in-chief, the trial court found Plaintiffs failed to establish all the required elements to prove boundary by acquiescence. The court granted Defendants’ motion for directed verdict and quieted title to the disputed property in Defendants. After examining the record and the evidence adduced at trial, we cannot find the trial court’s judgment is clearly contrary to the weight of the evidence, and AFFIRM. Opinion by BELL, P.J.; GOREE, J., and MITCHELL, V.C.J., (sitting by designation) concur. – March 21, 2022