Westmoreland v. JW LLC

The evidence authorized the trial court to find that the parties never mutually departed from the terms of the lease to relieve the defendant tenants from paying common area maintenance charges or to permanently forgive a portion of the monthly rent owed until the economy improved.

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This action involves a landlord-tenant dispute over the amount of unpaid rent that was owed for the use of commercial property. Appellee JW, LLC is the current landlord. Appellants Robert L. Westmoreland, Larry Holder, and Lonnie Holder d/b/a Pizing’s Wings and Things collectively, “Pizing’s” were the tenants during the time in question. Following a bench trial, the trial court agreed with JW as to the amount of unpaid rent that was owed by Pizing’s and entered judgment in JW’s favor. On appeal, Pizing’s argues that the trial court erred: 1 by allowing JW to reopen its case-in-chief and introduce into evidence the written assignment agreement entered between the original landlord and JW; 2 by failing to find that the parties had mutually departed from the strict terms of the lease; and 3 by holding Pizing’s liable for rent accruing after JW filed the instant lawsuit. For the reasons discussed below, we affirm. On appeal from the entry of judgment in a bench trial, we view the evidence in the light most favorable to the trial court’s verdict. Cox Interior v. Bayland Properties, LLC , 293 Ga. App. 612, 613 1 667 SE2d 452 2008. So viewed, the evidence showed that in January 2005, Pizing’s entered into an agreement to lease space in a shopping center for the operation of a sports bar and restaurant the “Lease”. While the Lease was entered into for an original term of five years, it contained a separate provision authorizing automatic renewal for one additional five-year term. Pursuant to the Lease, Pizing’s was required to pay base rent in addition to a share of operating expenses and common area maintenance “CAM” charges on a monthly basis.

The Lease named F&M Shoppes of Friendship, LLC “F&M” as the landlord. JW, LLC subsequently purchased the shopping center and became the successor-in-interest to F&M. F&M and JW entered into an agreement under which F&M assigned its rights and obligations under the Lease to JW.

Westmoreland v. JW LLC

The evidence authorized the trial court to find that the parties never mutually departed from the terms of the lease to relieve the defendant tenants from paying common area maintenance charges or to permanently forgive a portion of the monthly rent owed until the economy improved.

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