ANDERSON apparently was tired of the company of her cohabiting relatives and obtained a power of attorney from the owner of the house they all lived in to evict them. Unfortunately for Anderson, you can only “evict” if you are the “landlord” and the defendant is a “tenant.” The court ruled that a power of attorney from the actual owner of the house did not authorize Anderson to file an eviction for them, and that as the defendants were Anderson’s relations and not actual “tenants,” they weren’t subject to being evicted. The judge did, however, invoke the landlord – tenant act to award attorneys fees for the defendants as the prevailing parties of the “eviction!”
Online Reference: FLWSUPP 1910ANDE
ANDERSON vs. ANDERSON. County Court, 18th Judicial Circuit in and for Seminole County, Civil Division. Case No. 2012-CC-001681-21-S. June 12, 2012. Donald Marblestone, Judge.