Clothes Tree, Inc. v. VMS Realty Investment

The circuit court, sitting in its appellate capacity, dismissed as moot petitioner's appeal from a county court judgment of eviction upon a showing that petitioner had surrendered possession of the leased premises subsequent to the judgment. At that time there remained pending in the county court petitioner’s severed counterclaim for damages on its theory of wrongful eviction. The viability of the counterclaim was dependent upon petitioner obtaining a reversal of the judgment of eviction. Consequently, even if regaining possession was a remedy no longer available to petitioner (an issue which…