Livinggood v. Balsdon
v.
Aaron Balsdon, Defendant and Appellee
Judge Laurie A. Fontaine
| Appellant: | Cameron D. Sillers, PC | |
| Appellee: | Fleming, DuBois & Fleming, PLLP |
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1)Did the trial court err in not granting Livinggood the right to exercise his leasehold rights for the full term of the lease?
úDuane Balsdon entered into a 5-year farm lease with Danny Livinggood. (Pl.Ex. #1, Tr.6)
úLivinggood farmed under the lease for one year. (Tr. 7)
úThereafter, Duane Balsdon sold the farm land to Aaron Balsdon. (Pl.Ex. #2)
úAaron Baldson had knowledge of the lease at the time of the purchase. (Trial Court's Finding VII)
úDuane Balsdon received an advance lease payment prior to the sale for the crop year 2004. (Tr. 8 & 17)
úDuane Balsdon delivered this advance payment to Aaron Balsdon at the time of the sale. (Tr. 22)
úAaron Balsdon forcibly evicted Livinggood from the land and refused to let him exercise his leasehold rights for crops 2004 and following. (Tr. 33, 34, 59 & 80)
úLivinggood petitioned the court for injunctive relief to prohibit Aaron Balsdon from interfering with his leasehold rights. (Petition for Temp. Injunction)
úThe trial court denied the relief sought and left Aaron Balsdon in possession of the premises. (Tr. Ct. Ruling on Injunctive Relief)
úIn a resulting action Livinggood sued Aaron Balsdon for damages for the year he was denied the leasehold estate. (Pl. Complaint)
úIn addition to monetary damages, Livinggood requested treble damages for his unlawful exclusion from real property. (Pl. Complaint)
úLivinggood also asked for restoration to the premises for the remainder of the lease term. (Pl. Complaint)
úThe trial court did not restore Livinggood to his leasehold estate. (Tr. Ct. Order)
2)Did the trial court err in not granting Livinggood damages of $2,500 for each year of the remaining term of the lease?
úThe trial court found there was a valid and existing lease held by Livinggood. (Tr. Ct. Finding #11)
úThe lease provided that Livinggood would have the right to sublet the premises if he chose. (Pl.Ex. #1)
úThe rental price of the property was established at trial to $2,500 per year. (Pl.Ex. #1)
3)Did the trial court err in not granting treble damages for the forcible eviction of Livinggood?
úLivinggood's prayer for judgment request treble damages. (Pl. Complaint)
úThe trial court granted damages for one year in the amount of $14,863.95. (Tr. Ct. Judgment)
úThe trial court did not grant treble damages. (Tr. Ct. Findings of Fact, Conclusions of Law)
úThe trial court's findigs are silent as to why treble damages were not awarded. (Tr. Ct. Order for Judgment)
Appellee's Statement of the Issues:
1. The trial court did not abuse its discretion when it refused to order specific performance of the remainder of the purported contract.
2. The trial court was under no obligation to assess damages for removing the future years of the contract, unless there is evidence Livinggood would be harmed.
3. The trial court did not err in refusing to award damages to Livinggood for being "forceably removed" from the property, when Balsdon's conduct did not rise to the necessary level to trigger the statutory penalty.
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