George M. Stokes, Sr., Appellant v. Mason F. Stokes, Appellee — Hart, J., Dissenting

Summary

Justice Hart's dissent would reverse and remand because the circuit court improperly excluded evidence concerning whether the 1999 warranty deed was conditionally delivered and because material factual disputes remained concerning notice of revocation and the scope of the power of attorney. The dissent reasoned that testimony about the grantor's intent, loss of dominion, notice of revocation, and authority to deed the property back to himself was relevant to the claims. Justice Danielson, concurring in part and dissenting in part, agreed with the majority except as to attorney's fees and would affirm the fee award.