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Smith and Owens Defeat Wrongful Eviction Claims

July 15, 2015

Doug Smith and Will Owens 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.

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For informational purposes only. Past success does not indicate the likelihood of success in future cases.