SMITH v. SEAMSTER

BRECKENRIDGE, Judge.

The trial court ordered Ishmael and Lois Smith (the Smiths) to vacate real property owned by the Estate of Charles Seamster and Carol J. Seamster (the Seamsters)1 by removing personal property the Smiths had scattered over three to five acres of the Seamsters’ land and to pay damages to the Seamsters in the amount of $1200 for the Seamsters’ loss of use of the real property. On appeal, the Smiths argue that the Seamsters were not entitled to any damages because the Seam-sters failed to mitigate their damages by not attempting to sell or rent the real property while the…