Appellate case law update

To access case, press here

Appellant-defendant Jackie Fortner appeals the judgment of eviction and damage award entered in favor of appellee-plaintiff Farm Valley-Applewood Apartments (Farm Valley). Specifically, Fortner argues that the notice of eviction she received from Farm Valley was inadequate and Farm Valley’s failure to follow certain grievance procedures violated her right to procedural due process. Moreover, Fortner contends that the evidence presented at trial did not support the judgment of eviction and damage award. Farm Valley cross-appeals, claiming that the trial court improperly limited the amount of attorney’s fees to which it was entitled.

Conclusion (slip op. at 2):  We conclude that the eviction order and damage award were supported by the evidence. However, we also find that the trial court erred in determining the amount of attorney’s fees that Fortner was obligated to pay to Farm Valley. Thus, we affirm in part, reverse in part, and remand this cause with instructions that the trial court conduct a hearing to determine the reasonableness of the fees and award such fees in an amount not to exceed $3,335.04.

Key Analysis (slip op. at 6):  Provisions regarding grievance procedures do not apply to "[l]ease violations by the tenant that would result in the termination of tenancy and eviction." Thus, Fortner’s claim that she was not given proper notice and was denied the right to due process because a grievance procedure was not followed, fails.