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Landlord/Tenant Law Appellate Court Opinion

by Zigadto, Janet


AC37930 - Friedman v. Gomez (Summary process; "The defendants . . . appeal from the judgment of the trial court, rendered after a trial to the court, in favor of the plaintiff . . . on his summary process complaint and against the defendants on their special defenses and counterclaims. On appeal, the defendants claim that the court (1) improperly limited its jurisdiction when it concluded that it did not have the authority to determine title to the subject property, (2) improperly determined that Guillermo Sanchez, Sr. (Sanchez Sr.), was no longer a party to this action, and (3) abused its discretion in finding that the defendants failed to prove that they had an equitable interest in the subject property. The plaintiff claims that the defendants' appeal is moot and must be dismissed because they voluntarily vacated the premises after the appeal was filed. We conclude that the appeal is not moot, and we affirm the judgment of the trial court.")