Deedra Artis, as Personal Representative of the Estate of Theophilus Morley v. Camille Stephens
The Fourth DCA partially reversed a partition judgment, affirming the $39,000 foreclosure payment credit but reversing a $23,400 rental credit. The court held that when a cotenant is ousted from jointly-owned property, the proper measure of compensation is the reasonable rental value of the subject property — not the ousted cotenant's actual out-of-pocket rental expenses at a substitute residence. Because Stephens presented only evidence of her actual replacement housing costs without any evidence of the reasonable rental value of the jointly-owned property, the rental credit award was legally erroneous and must be reversed without remand for new proof.
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