Bifalgorithm post · Property · The fence … was more likely a
Remand Procedure
Remand Procedure (Property · The fence … was more likely a) — "To recapitulate, the circuit court’s opinion in many respects deftly navigates the marshy terrai…
Ideas in this flowchart
- The circuit court’s judgment is reversed and remanded because its adverse possession findings lack essential clarity.
- The circuit court’s opinion deftly navigates much of the difficult terrain of adverse possession jurisprudence.
- The opinion lacks essential clarity in its factual findings.
- It does not acknowledge or discuss critical evidence supporting adverse possession under the tacking theory.
- It does not identify or adequately explain the evidence supporting its ultimate conclusion.
- It omits meaningful discussion of potentially salient factors, including the persuasive quality of the defendants’ overall evidence.
- The procedure on remand is left to the circuit court’s informed discretion.
- At a minimum, the circuit court must discuss troubling or possibly overlooked evidence and relate it to tacking and adverse possession.
- The court may reopen the record, take additional evidence, and reconsider parts of its earlier ruling.
- Although a new trial is neither required nor anticipated, the court may allow the parties to supplement the record with additional facts.
- The judgment of the Circuit Court of Mercer County is reversed and remanded.
