(I) GIVE JUDGMENT FOR RESTITUTION OF THE POSSESSION OF
THE PROPERTY TO THE COMPLAINANT; AND
(II) ISSUE ITS WARRANT TO THE SHERIFF OR CONSTABLE
COMMANDING THE SHERIFF OR CONSTABLE TO DELIVER POSSESSION TO THE
COMPLAINANT.
(2) THE DISTRICT COURT MAY ALSO GIVE JUDGMENT IN FAVOR OF THE
COMPLAINANT FOR DAMAGES DUE TO THE WRONGFUL DETAINER AND FOR COURT
COSTS AND ATTORNEY FEES IF:
(I) THE COMPLAINANT CLAIMED DAMAGES IN THE COMPLAINT;
AND
(II) THE COURT FINDS THAT:
1. THE PERSON IN ACTUAL POSSESSION WAS PERSONALLY
SERVED WITH THE SUMMONS; OR
2. THERE WAS SERVICE OF PROCESS OR SUBMISSION TO
THE JURISDICTION OF THE COURT AS WOULD SUPPORT A JUDGMENT IN CONTRACT
OR TORT.
(3) A PERSON IN ACTUAL POSSESSION WHO IS NOT PERSONALLY
SERVED WITH A SUMMONS IS NOT SUBJECT TO THE PERSONAL JURISDICTION OF
THE DISTRICT COURT IF THE PERSON APPEARS IN RESPONSE TO THE SUMMONS AND
PRIOR TO THE TIME THAT EVIDENCE IS TAKEN BY THE DISTRICT COURT AND
ASSERTS THAT THE APPEARANCE IS ONLY FOR THE PURPOSE OF DEFENDING AN IN
REM ACTION.
(F) (1) NOT LATER THAN 10 DAYS FROM THE ENTRY OF THE JUDGMENT OF
THE DISTRICT COURT, EITHER PARTY MAY APPEAL TO THE CIRCUIT COURT FOR THE
COUNTY IN WHICH THE PROPERTY IS LOCATED.
(2) THE PERSON IN ACTUAL POSSESSION OF THE PROPERTY MAY
RETAIN POSSESSION UNTIL THE DETERMINATION OF THE APPEAL IF THE PERSON:
(I) FILES WITH THE DISTRICT COURT AN AFFIDAVIT THAT THE
APPEAL IS NOT TAKEN FOR DELAY; AND
(II) 1. FILES SUFFICIENT BOND WITH ONE OR MORE SECURITIES
CONDITIONED ON DILIGENT PROSECUTION OF THE APPEAL; OR
(III) 2. PAYS TO THE COMPLAINANT OR INTO THE APPELLATE
COURT:
1. A, THE FAIR RENTAL VALUE OF THE PROPERTY FOR
THE ENTIRE PERIOD OF POSSESSION UP TO THE DATE OF JUDGMENT;
2. B. ALL COURT COSTS IN THE CASE;
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