Doug Smith Defeats Wrongful Eviction Claims
Doug Smith won affirmance of summary judgment in a wrongful eviction case. The plaintiff claimed wrongful eviction and conversion of more than $500,000 worth of personal property. Will convinced the trial court that the landlord had complied with eviction law even though the writ of possession was later vacated by the magistrate court. The Court of Appeals ultimately agreed and held that a landlord who follows all the law for executing a writ of possession may not be held liable in tort just because the writ was later vacated.