Welch v. Kiser

THIGPEN, Judge.

This is an eviction action.

In June 1991, Mike Kiser, landlord, filed a complaint in district court against Sharon Welch, tenant, seeking to recover possession of a mobile home lot and to recover damages for wrongful possession of the lot. The district court ruled in favor of Kiser, and Welch appealed to the circuit court. The jury returned a verdict in favor of Kiser, and a *10judgment was entered accordingly. Welch’s post-judgment motion was denied; hence, this appeal.

The dispositive issue on appeal is whether Kiser waived his right to terminate the lease by accepting rental…