Tuesday, December 31, 2013

Spiller v. Mackereth case brief

Spiller v. Mackereth case brief summary
334 So.2d 859 (1976)

CASE SYNOPSIS
The complaintant appealed a rental award as well as an attorney's fee award in an action in which alleged complainant had ousted a tenant in common.

CASE FACTS
The complainant had purchased a 1/2 interest in a lot with co-tenants.
At the time in which he bought the interest, the lot was being rented by a private business.
The complainant had offered to purchase one of the co-tenant's interests in the property and after he refused, the complainant sought a sale for division.
The renter vacated and the complainant began to use the entire building as a warehouse.
The cotenant's lawyer sent a letter that demanded that complainant either vacate the building or pay 1/2 of the rent.
The co-tenant  brought a counter-claim to collect the rental she claimed that the complainant owed her.
The lower court held that the complainant had ousted the co-tenant and awarded both attorneys fees and a rental award.
The complainant appealed.

DISCUSSION
  • On appeal, the court reversed the lower court's determination that complainant ousted the cotenant.
  • The court found no evidence that he prevented the co-tenant from entering the building. 
  • The court affirmed the award of attorney's fees, however.
CONCLUSION
On appeal, the court reversed the lower court's ruling that complainant ousted the co-tenant.  The court found no evidence that the co-tenant was prevented from entering the building. The court affirmed the award of attorney's fees.

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