Multi-Media Holdings Inc. v. Piedmont Ctr. 15 LLC

This is an appeal from a jury verdict for plaintiff Piedmont Center on its suit for money due under a lease agreement. The amount due was stipulated by the parties before trial, and the only issue at trial was whether Multi-Media was a party responsible for payment. For reasons that follow, we affirm. When this Court reviews a jury verdict on appeal, we must take the evidence in the light most favorable to the verdict and affirm if there is any evidence to support it. Duncan v. Moore , 275 Ga. 656, 658 571 SE2d 771 2002. The jurors are the sole and exclusive judges of the weight and credit given the evidence and this Court must construe the evidence with every inference and presumption in favor of upholding the verdict, even where the evidence is in conflict. MARTA v. Green Intl. , 235 Ga. App. 419, 420 509 SE2d 674 1998.

The evidence at trial was as follows. Pollack Levitt & Partners leased space at Piedmont Center under a lease agreement that required written permission from Piedmont Center before a tenant could assign the lease to another party. James Pollack sent a letter to Piedmont stating that he was pursuing a merger with Multi-Media and asking permission to assign the lease to Multi-Media. A representative from Piedmont Center testified that after Pollack requested permission to assign the lease to Multi-Media, Piedmont Center investigated the company and decided to approve the assignment after it determined that Multi-Media would be a good tenant. Piedmont accepted the assignment by signing the letter in the space provided and returning it to Pollack.