Richard Marvin Iii, and Amy Marvin

Summary

The court reversed the Intermediate Court of Appeals and reinstated the trial court's judgment granting the plaintiffs an easement by necessity and protecting their water system. It held that the defendants' appellate brief substantially complied with the applicable briefing rule, that the defendants waived the argument that the absent co-owner was a party to be joined if feasible, and that the trial court did not abuse its discretion in finding her not indispensable. ACOBA, J., concurring in part and dissenting in part, would have required joinder and, if joinder were infeasible, dismissal without prejudice.