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Carnett's Props. LLC v. JoWayne LLC

The trial court erred in concluding that the language of a maintenance agreement between two entities related to storm water runoff and water detention was clear and unambiguous.

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Carnett’s Properties, LLC, “Carnett” filed the instant action for breach of contract and declaration of a special lien, alleging that JoWayne, LLC, “JoWayne” failed to pay sums due under a maintenance agreement related to storm water runoff and water detention needs of the two entities’ property. After the parties filed dueling motions for summary judgment, the trial court granted JoWayne’s motion, finding that JoWayne was not liable under the contract for the sums in question. Carnett appeals, arguing that the trial court erred by finding that the maintenance agreement did not contemplate that JoWayne would be liable for construction of an additional detention pond. For the reasons that follow, we reverse and remand for further proceedings.

To prevail on a motion for summary judgment, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts warrant judgment as a matter of law. We review the evidence and record de novo, construing all reasonable conclusions and inferences in favor of the nonmovant.1

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