“ … Before Downs and Dudley built their extended privacy fence, the security camera overlooking the side of Lyles's home caught numerous images of Dudley clearing debris of various nature off of his driveway by use of a leaf blower or a garden hose; the debris fell onto Lyles's side yard. At one point, Dudley cleaned a substance off his driveway and then placed shovels full of dirt over the substance along the edge of the driveway. The camera also captured images of Dudley entering the space between the two privacy fences on numerous occasions, at least one time while carrying a bottle with an attached sprayer that Burke identified as a container of Round-Up, a weed killer. The backyard camera caught someone tearing a plastic door off the area between the privacy fences, someone peering through the fence built by Burke for a period, and someone spraying a liquid substance through that fence. …

… Downs and Dudley argue that the judgment entered on the jury verdict on Lyles and Burke's trespass claim should be reversed because the damages assessed on that claim were based on speculation and conjecture. Downs and Dudley mention in their brief that Dudley's entry between the fences would not have been prohibited and that Downs and Dudley had denied doing the acts complained of in the trespass claim. If this is an argument that the evidence was insufficient to support a judgment on the trespass claim, the argument is underdeveloped and unsupported by any authority. Rule 28, Ala. R.App. P., requires an appellant to "present his issues `with clarity and without ambiguity'" and to "fully express his position on the enumerated issues" in the argument section of her brief. Bishop v. Robinson, 516 So.2d 723, 724 (Ala.Civ.App.1987) (quoting Thoman Eng'rs, Inc. v. McDonald, 57 Ala. App. 287, 290, 328 So.2d 293, 294 (Civ.App. 1976)); see also White Sands Group, L.L.C. v. PRS II, LLC, 998 So.2d 1042, 1058 (Ala.2008). ("Rule 28(a)(10) requires that arguments in briefs contain discussions of facts and relevant legal authorities that support the party's position. If they do not, the arguments are waived."). Thus, we decline to consider the argument, if it was intended to be made, that the evidence is insufficient to support the judgment entered on the trespass claim and will consider only the argument concerning damages. …

…When there is no actual damage to the real property resulting from the trespass, the owner of the property is entitled to nominal damages for the trespass. Johnson, 423 So.2d at 870. Compensation for damage to personal property occurring during a trespass is recoverable in a trespass action. Id. In addition, "a plaintiff can recover for mental suffering which was the proximate consequence of a trespass to property if the trespass was committed under circumstances of insult and contumely." Id. at 871. Punitive damages are also available to a plaintiff in a trespass action, even if only nominal damages are awarded, "if the trespass is attended by rudeness, wantonness, recklessness or an insulting manner or is accompanied by circumstances of fraud and malice, oppression, aggravation, or gross negligence." Rushing, 293 Ala. at 61, 300 So.2d at 98. …

… Downs and Dudley further argue that the evidence did not clearly and convincingly establish that any actions taken by Downs or Dudley were malicious, as required by Ala.Code 1975, § 6-11-20(b)(2), for the imposition of punitive damages. The evidence was such that the jury could have concluded that Dudley had entered Lyles's property to purposefully damage the garden on her property. Other evidence indicated that Dudley had acted in a rude and insulting manner during those times he went in and out of the area between the fences and as he cleaned his driveway, because he often made vulgar gestures and, at least once, made an obscene comment directly to the security camera. Thus, we cannot agree that the evidence presented to the jury regarding the "rudeness," "insulting manner," and "malice" accompanying Dudley's actions was not clear and convincing evidence warranting the imposition. ...