Syre

INTRODUCTION

Kimberly Therese Syre appeals from an order granting a preliminary injunction

acknowledging Syre’s one-half interest in real property and prohibiting Syre from

1 disposing of personal property on the premises. The litigation centers on who became the

successor in interest in real property held in trust by the late Charlotte Willett, Mark

Douglas’s mother and Syre’s aunt, where Willett first transferred, in her individual

capacity, one-half of her interest in her real property to Syre, and then transferred her

remaining one-half interest to Douglas.

When Willett died, Syre locked Douglas out of the house, excluded him from the

property, and began selling and discarding personal property located on the premises,

including property belonging to Douglas. Syre filed an action to quiet title, and Douglas

cross-complained for quiet title, conversion, trespass to chattels, and declaratory relief.

Douglas filed a motion for preliminary injunction to gain access to the property and to

prohibit Syre from disposing of Douglas’s personal property, which was granted.

However, when it was later discovered that Syre had been occupying the property and

was renting out…