Arco Petroleum Products Co. v. Williams

This forcible entry and detainer action was originally brought for possession of gasoline-service-station premises and for rent and holdover damages. The circuit court dismissed with prejudice the complaint of the lessor, ARCO, finding insufficient notice of termination to the lessee, Matthew Williams. An affirmative defense and counterclaim by Williams had previously been severed as not germane to the action. ARCO has appealed from the dismissal with prejudice of its action and Williams has cross-appealed from the severance of his affirmative defense and counterclaim.

We reverse and remand.

The…