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Counterclaims Dismissed against Law Firm in Dispossessory Action

July 11, 2014

John Bunyan won dismissal of counterclaims against a law firm that filed a dispossessory action against the plaintiff after the foreclosure sale of his home. After the magistrate court granted a writ of possession to the owner of the property, the plaintiff appealed and alleged counterclaims against the law firm based on the foreclosure proceeding. The trial court dismissed the counterclaims for declaratory and injunctive relief, concluding it lacked jurisdiction to hear them in a de novo appeal because they were outside the jurisdiction of the magistrate court. The trial court further concluded that the plaintiff’s counterclaims should be dismissed because he did not raise them in the magistrate court, they did not relate to the dispossessory proceedings, and they had already been dismissed in a prior federal lawsuit.

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