Marina Kotova v. Thomas Kevin True

Marina Kotova (“Plaintiff”) and Thomas Kevin True (“Defendant”), who were formerly married, entered into an agreement whereby Defendant would purchase certain real property owned by Plaintiff pursuant to an installment purchase agreement. The agreement provided that, in the event of a default by Defendant, Plaintiff could sue for monetary damages, specific performance, or both. Additionally, an addendum to the agreement allowed Plaintiff to evict Defendant from the property if he was in default for more than thirty days. Defendant defaulted, and Plaintiff sued him seeking possession of the property and monetary damages. The trial court instead awarded Plaintiff specific performance, which required Plaintiff to sell the property to Defendant upon Defendant curing his default. Plaintiff appeals the trial court’s award of specific performance. We find that the trial court erred by awarding Plaintiff a remedy other than what she requested, and we reverse the trial court.