Kelley v. Daugherty

McMurray, Presiding Judge.

Plaintiff filed a dispossessory action against defendant seeking possession of certain leased premises and past due rent. Defendant answered and counterclaimed. He alleged he was no longer a tenant of plaintiff because he exercised an option to purchase the property.

Plaintiff moved for a writ of possession which the trial court granted on March 1, 1990, on the ground that defendant did not pay any rent into the registry of the court. Following a motion for rehearing by plaintiff and a motion to set aside by defendant, the trial court determined that the order…