Winn-Dixie Charlotte Inc. v. Brunner Cos. Income Properties Ltd. Partnership

Terms of grocery store's retail shopping center lease did not require landlord to insure that another anchor tenant kept retail store at shopping center, given clear and unambiguous language of grocery store's lease.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Winn-Dixie Charlotte, Inc. is a leasehold tenant in the White Horse Plaza shopping center in Greenville, South Carolina, of Brunner Companies Income Properties Limited Partnership I and sought to terminate the lease for an alleged breach. On May 27, 1999, Winn-Dixie instituted a declaratory judgment action in the Court of Common Pleas in Greenville County against Brunner to construe the lease to determine if it was breached, which action has not reached final judgment. On June 21, 1999, Brunner brought a rent collection suit for the month of June, 1999, against Winn-Dixie in Civil Action number 285861 in the Civil Court of the County of Richmond, State of Georgia; because the lease had no acceleration clause, Brunner filed seven additional suits for monthly rents as well. See Richfield Capital Corp. v. Fed. Sign Div. of Fed. Signal Corp., 222 Ga. App. 757, 758 1 476 SE2d 26 1996. The identical suit filed August 17, 1999, in Civil Action number 285971 was allowed to go into default, and judgment was taken against Winn-Dixie. Winn-Dixie filed a motion to set aside the judgment and a motion to open default, which motions were denied. On January 7, 2000, in Civil Action number 285861, the trial court granted Brunner’s motion for summary judgment. We find that the trial court properly granted summary judgment, default judgment, and denied the motions to open default and to set aside judgment.

A00A1698

Winn-Dixie Charlotte Inc. v. Brunner Cos. Income Properties Ltd. Partnership

Terms of grocery store's retail shopping center lease did not require landlord to insure that another anchor tenant kept retail store at shopping center, given clear and unambiguous language of grocery store's lease.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report