Dupree v. Dellmar
In a county court eviction action, the defendant asserted an equitable interest in the real property by counterclaim/affirmative defense. The Third District granted prohibition, holding that under sections 34.011(2) and 26.012, the county court lacked jurisdiction to adjudicate the claimed equitable interest, that ejectment (exclusively circuit court) rather than eviction was the proper remedy, and that the matter had to be dismissed or transferred to circuit court.
Key facts
- Landlord filed eviction action in county court against defendant-occupant who asserted an equitable interest in the property through counterclaim and affirmative defense.
- County court proceeded to adjudicate the defendant's claimed equitable interest in the real property during the eviction proceeding.
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Why it matters
A concise, citable roadmap for defeating county court eviction actions when the occupant claims an equitable interest in the property — the proper remedy is ejectment in circuit court. Landlord-tenant and real property… — full analysis with a trial
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