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Landlord/Tenant Law Appellate Court Opinion

by Zigadto, Janet


AC44500 - Rogalis, LLC v. Vazquez ("The plaintiff, Rogalis, LLC, appeals from the judgment of the trial court dismissing its summary process action against the named defendant, Michelle Lee Vazquez. On appeal, the plaintiff claims that the trial court erred by (1) holding that the plaintiff did not acquire from its predecessor in title, pursuant to a quitclaim deed, the right to evict the defendant, (2) dismissing the summary process action on the ground that the plaintiff's sole member did not have the bona fide intention to use the dwelling as his principal residence, and (3) dismissing the summary process action on the basis of the court's posttrial consideration of extra-record evidence, namely, a prior summary process action brought by the plaintiff's predecessor in title against the defendant and her estranged husband. We conclude that the trial court abused its discretion in taking judicial notice of the prior summary process action without providing the parties an opportunity to address it either at trial or in a posttrial brief. We, therefore, reverse the judgment of the trial court.")