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Landlord/Tenant Appellate Court Opinion

by Zigadto, Janet

 

AC38469 - Cathedral Green, Inc. v. Hughes (Summary process; noncompliance with stipulated judgment; "The present appeal arises from a summary process action that initially was settled in November, 2014, by way of a stipulated judgment. In accordance with that stipulation, the court rendered a judgment of possession in favor of the plaintiff, Cathedral Green, Inc., execution of which it stayed through the end of January, 2017. During the stay, the plaintiff agreed to allow the defendant . . . and her minor child to remain in the defendant's apartment provided that, inter alia, the defendant no longer allow . . . her child's father and a nonparty to the lease, to have access to the premises, which included both the apartment and the common areas of the property. The defendant now appeals from the trial court's postjudgment ruling of October 5, 2015, in which the court found that the defendant wilfully had violated the terms of the stipulated judgment. As a result, the court ordered execution of the judgment of possession. The defendant claims on appeal that the court improperly (1) relied upon facts that were not in evidence or that were not supported by the record, and (2) failed to adjudicate properly the defendant's equitable nonforfeiture defense. We disagree and affirm the judgment of the trial court.")