Gasic v. Bosworth

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Defendant Mark Bosworth appeals from an order evicting him from land. In August 2013, Vlad Gasic commenced this action against several defendants, including Bosworth, Blake Bosworth, Catherine Fletcher, Matthew Fletcher, and James Legg, seeking an order requiring the defendants to vacate land in Epping, or requiring the sheriff to evict the defendants from the premises. Gasic's complaint asserted that he was the record title owner of the land, that defendants were unauthorized tenants, that defendants were using the premises in an unauthorized manner and not paying their fair share of utilities and garbage removal, and that Gasic had demanded the defendants vacate the premises immediately, but they refused to do so. Gasic also alleged he had served a notice of intent to evict under state law. The defendants answered the complaint and counterclaimed. After a hearing, the district court entered an "order for eviction" requiring the defendants and all occupants to vacate the premises on or before September 16, 2013. On September 16, 2013, the defendants moved to stay the eviction and requested a hearing, in addition to filing a notice of appeal. The district court entered a "stay of eviction" on September 16, 2013. Only Mark Bosworth filed a brief in this appeal. Bosworth raised multiple issues on appeal, including that Gasic did not own the land and had no legal authority to file this case, that the three-day notice required under state law was deficient, that Gasic never posted nor served by legal process the three-day notice required, and that the defendants have not been afforded due process. The Supreme Court found that neither the district court's order of eviction, nor the court's stay of eviction, provided any specific findings regarding these issues. Moreover, the Court concluded that defendants' appeal of the order for eviction was not an appeal from a final order or judgment, and therefore the Court dismissed the appeal.View "Gasic v. Bosworth" on Justia Law