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The post below was published on Monday, January 31st, 2011 at 7:27 AM.

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Fifth District: Certiorari, Indispensable Parties, Tenants

This unusual decision may be of interest to real property fans and extraordinary writ fans. The Fifth District held that a tenant was an indispensable party to an injunction proceeding that sought to force compliance with a property’s restrictive covenants. The tenant moved to set aside the injunction on grounds it was an indispensable party to the proceeding, but the trial court denied the motion and instead entered an amended judgment. The tenant then attempted to appeal the order denying its motion and the amended judgment.

The district court construed the tenant’s appeal as a petition for writ of certiorari and, concluding that the tenant was an indispensable party, granted the petition.

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