Ayala will attend an oral argument in the second appeal in a four-year contentious dispute over title to a Miami home.
The case originally started as a simple eviction for possession, based on Ayala’s client title to the property. In a surprise move, the tenant/defendant’s counterclaimed for quiet title, cancellation of deed, rescission, mortgage foreclosure, and the like, alleging, essentially, that they are the owners of the property.
After Ayala obtained a judgment for eviction—and possession of the property—the tenant appealed the order. The circuit appellate panel reversed the order and removed the case from county to circuit court, citing the county court’s lack of jurisdiction over the dispute.
Once in circuit court, the tenants appealed again the refusal of the circuit court to reinsert them in the premises without an evidentiary hearing to determine who is the real property owner. They appealed now to the Third District Court of Appeals. The oral argument is set for August 10, 2021. Stay tuned.
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