AC43995 - Robinson v. Tindill (Erection of divisional fence; trespass; unpreserved claim of conversion; "This case arises from the erection of a fence by the defendants, William Tindill (Tindill) and Erika Tindill, between their property and the adjacent property owned by the plaintiffs, Ellis Robinson and Nicole Robinson. The defendants appeal from the judgment of the trial court rendered in favor of the plaintiffs after a hearing in damages and the court's prior order granting the plaintiffs' motion for summary judgment as to liability and finding both defendants liable for trespass and Tindill liable for conversion. On appeal, the defendants claim that the court erred (1) in finding them liable for trespass
because the fence at issue was a statutorily compliant
divisional fence pursuant to General Statutes ยง 47-43, (2) in finding Erika
Tindill liable for trespass, even though she played no role in erecting the
fence, and (3) in finding Tindill liable for conversion because the plaintiffs
failed to plead, or present any evidence in support of, a claim for conversion.
We affirm in part and reverse in part the judgment of the trial court.")