Ripple Management v. Goodavage

2. Ripple Management filed a small claims complaint against Goodavage and her son, Joseph Stearns, on May 22, 2001, alleging that the balance of the May rent was unpaid and seeking an eviction. Attached to the complaint was notice to Goodavage and Stearns, dated May 7, 2001, requiring that they pay back rent of $739 by May 12, 2001, or their tenancy would be terminated.
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3. On the date set for trial, Ripple Management, by Thomas Ripple, and Goodavage, represented by counsel, signed a written stipulation in which the lease was extended to September 30, 2001, unless Goodavage vacated sooner, and interest of $130 on the security deposit was agreed upon. The stipulation was made on a small claims "Eviction Stipulation" form. One of the form provisions is that in the event "the defendant(s) fail(s) to vacate by the date specified"-in this stipulation, noon on September 30, 2001-"the plaintiff shall be entitled to an ex parte judgment of eviction (without further notice to defendant(s) ...), and an immediate issuance of a writ of restitution ... for removal from the premises."

4. The circuit court reviewed the stipulation in the presence of the parties and Goodavage's counsel and observed that the stipulation did not address payment of rent. Upon ascertaining that Goodavage was at that time current with her rent and the parties had intended that she continue to pay rent in a timely fashion while she remained there, the court, with the agreement of the parties, added to the stipulation a provision concerning rent payments. Goodavage's counsel asked Goodavage if she understood and was in agreement with this addition, and Goodavage answered "yes." The court then signed an order approving the stipulation and providing that, "Plaintiff shall be entitled to an ex parte judgment upon proper affidavit, if the defendant(s) defaults as to ANY provisions of the above stipulation."

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full text of the Court's opinion.

¶16. In summary, we conclude the circuit court applied the correct law to the facts that Goodavage presented, in light of the arguments she made, and the decision not to set aside the stipulation was reasonable. We therefore affirm the judgment of eviction.

By the Court. Judgment affirmed in favor of Plaintiff.

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C.L.