Kondaur Capital Corp. v. Matsuyoshi
Annotate this CaseThis appeal arose from a property title dispute between Defendant, who purchased the property in 2007, and Plaintiff, which later acquired a quitclaim deed to the property following a judicial foreclosure. After Defendant refused to vacate the property, Plaintiff filed the underlying action, requesting a judgment for immediate and exclusive possession of the property and a writ of possession. The circuit court entered an order granting Plaintiff’s motion for summary judgment and issued a writ of possession. Defendant filed post-judgment motions and then filed a notice of appeal from the summary judgment. The circuit court denied Defendant’s post-judgment motions. The intermediate court of appeals (ICA) vacated the summary judgment and remanded based on Defendant’s post-judgment declaration. The Supreme Court vacated the ICA’s judgment and remanded, holding that the ICA erred in relying upon Defendant’s post-judgment motion as a basis to find disputed facts with regard to the motion for summary judgment.
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