Stephen Atkinson v. Deborah B. Anderson and Michael O. Anderson

Summary

The Florida District Court of Appeal reversed a judgment notwithstanding the verdict (JNOV) and reinstated a jury finding of ouster in a dispute between co-tenants of a condominium. The court held that sufficient evidence supported the jury’s conclusion that the defendants ousted the plaintiff by moving into the unit as a permanent residence, restricting the plaintiff’s use to a single bedroom with seven days’ notice, and doing so over his express objection—acts inconsistent with the plaintiff’s rights and communicated to him. The decision reiterates that ouster requires acts of possession inconsistent with and exclusive of a co-tenant’s rights, plus communication of the claim of exclusive ownership, and that on JNOV review all evidence must be viewed in the light most favorable to the non-movant.

Holdings

1. The trial court erred in granting the JNOV because, viewing all evidence in the light most favorable to the non-movant, there was sufficient evidence from which a jury could find an ouster had occurred.

Questions Presented

1. Whether the trial court erred in granting judgment notwithstanding the verdict (JNOV) by finding that there was no evidence of communication by the co-tenant in possession to the ousted co-tenant claiming exclusive use, thereby overriding the jury's ouster finding.

Disposition

reversed_and_remanded