Whippie v. O'Connor

¶ 1. This is defendant’s second appeal in a partition action brought by his former girlfriend to resolve the parties’ respective interests in a house they hold as tenants-in-common. On remand following the first appeal, the trial court determined that defendant had ousted plaintiff from their property in August 2004 by sending her a no-trespass letter. On appeal, defendant argues, among other things, that (1) there was no ouster, and (2) if there was ouster, the court erred in failing to properly account for plaintiff’s failure to pay towards maintenance of the property during the ouster…