Schmitt v. Schmitt

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Pro se appellant Cody Schmitt appealed a district court's eviction order, arguing service of an amended notice of eviction was insufficient. Schmitt and Lisa Stahlberg resided in a mobile home located on property owned by Rodney and Pamela Schmitt. Stahlberg resided on the property since April 25, 2013, and Schmitt resided on the property prior to that. There was no written lease between the parties. On March 19, 2014, Rodney and Pamela Schmitt sent Cody Schmitt and Stahlberg an amended notice of eviction, directing Cody Schmitt vacate by April 15, 2014, and Stahlberg vacate within three days. Cody Schmitt and Stahlberg did not vacate the property by April 15, 2014. On April 17, 2014, the Pierce County Sheriff's Office served Cody Schmitt and Stahlberg with the notice of intention to evict them from the property. According to the notice of intention to evict, Cody Schmitt and Stahlberg had three days to vacate the property. After three days elapsed, Cody Schmitt and Stahlberg remained on the property. Accordingly, Rodney and Pamela Schmitt started this eviction action requesting the district court order Cody Schmitt and Stahlberg to vacate the property. A hearing was held on the eviction action. On May 2, 2014, the district court issued an Eviction Order requiring Cody Schmitt and Stahlberg vacate the property by May 13, 2014. Cody Schmitt appealed the district court's decision. Having no transcript to review of the district court's evidentiary hearing, the Supreme Court concluded the district court's finding that service of the notice of termination was proper was not clearly erroneous, and affirmed. View "Schmitt v. Schmitt" on Justia Law