Miami Jury Sides With Mother Over Property Dispute
Table of Contents
Case Background
Cindy Lopez, also known as Cindy Sampson, owned a residential property at 6230 SW 16th Street, Unit 3, Miami, Florida. Her mother, Lucia Lopez, lived there rent-free for several years. No lease agreement governed the living arrangement. Both parties lived in Miami-Dade County, Florida, where the property was located.
Cause
Cindy ended her mother’s occupancy after repeated conflicts. Lucia frequently harassed tenants and created tension. Cindy withdrew her consent and filed an unlawful detainer action. In response, Lucia filed counterclaims. She alleged she owned the property based on a 2003 oral agreement. Cindy claimed Lucia used the counterclaim to delay eviction and increase legal costs. She also asserted that Lucia misled the court by claiming potential homelessness, despite owning other properties.
Injury
Cindy lost rental income and incurred rising legal expenses. Lucia’s interference affected Cindy’s relationship with other tenants. The prolonged litigation disrupted Cindy’s control over her own property.
Damages
Cindy sought damages exceeding $30,000. She demanded double rent for unlawful occupancy, reimbursement for property expenses, and compensation for legal fees. She also requested possession of the property and any other relief the court found fair.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Cindy lopez
Counsel for the Plaintiff: Jose Teurbe-Tolon | Wayne R Atkins
Defendant: Lucia Lopez
Counsel for the Defendant: Lisbet Velazquez | Yelina Angulo
Claims Against the Defendant
Count I – Unlawful Detainer
Cindy revoked Lucia’s right to occupy the property. Lucia stayed without consent. Cindy sought possession and double the rental value under Florida Statute § 82.03.
Count II – Ejectment
Cindy owned the property and held legal title. Lucia refused to vacate. Cindy requested possession and damages.
Count III – Unjust Enrichment (Rent)
Lucia accepted rent-free living despite knowing Cindy owned the property. Cindy sought the reasonable rental value for that period.
Count IV – Unjust Enrichment (Property Expenses)
Cindy paid taxes, mortgage, and maintenance. If Lucia proved ownership, Cindy requested reimbursement for those expenses.
Defense
First Affirmative Defense – Fraud on the Court
Lucia alleged Cindy misled the court by claiming Lucia stayed unlawfully. She said she always lived on the property with rightful ownership and no rent obligation.
Second Affirmative Defense – Fraudulent Inducement
Lucia claimed Cindy promised to hold the property in her name temporarily to protect it legally. Cindy then reneged, despite knowing Lucia relied on that promise.
Third Affirmative Defense – Improper Use of Unlawful Detainer
Lucia argued that unlawful detainer was not the proper legal tool. The dispute involved ownership rights, not mere possession. She cited legal precedent barring detainer claims in title disputes.
Jury Verdict
On May 1, 2025, the jury returned a verdict in favor of the defendant, Lucia Lopez, finding that she held an equitable interest in the property located at 6230 SW 16th Street, Miami, Florida. The jury rejected all claims brought by the plaintiff, Cindy Lopez a/k/a Cindy Sampson, and awarded her no damages.