Cunningham v. Georgetown Homes, Inc.

708 N.E.2d 623 (1999)

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Cunningham v. Georgetown Homes, Inc.

Indiana Court of Appeals
708 N.E.2d 623 (1999)

DD

Facts

Dorothy Cunningham (defendant) was a tenant-stockholder in a cooperative-housing corporation called Georgetown Homes, Inc. (Georgetown) (plaintiff). Because Cunningham owned stock in Georgetown, she was permitted to reside in a property owned by Georgetown. Cunningham subleased the property without obtaining prior approval from Georgetown. This was a violation of the occupancy agreement between Cunningham and Georgetown. Subsequently, Georgetown initiated an ejectment proceeding, seeking to remove Cunningham from its property. The trial court held a prejudgment-possession hearing. But, at the hearing, Cunningham did not have an opportunity to present evidence showing that she was entitled to possession of the property. The trial court ordered prejudgment possession of the property to Georgetown unless Cunningham posted a $10,000 bond. Cunningham appealed.

Rule of Law

Issue

Holding and Reasoning (Sullivan, J.)

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