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West Asset Mgmt. Inc. v. NW Parkway LLC

The Court partially reversed the trial court's summary judgment rulings in a suit arising out of the alleged breach of a 20-year commercial property lease agreement.

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NW Parkway, LLC, brought this action in the Superior Court of Cobb County against West Asset Management, Inc. for claims arising from a commercial property lease agreement. West filed counterclaims arising out of the same lease. Both parties moved for summary judgment, which the trial court granted in part and denied in part. In Case No. A15A1830, West Asset appeals the trial court’s rulings in various respects, and in Case No. A15A1831, NW Parkway cross-appeals. For the reasons explained below, we affirm in part and reverse in part.

Summary judgment is proper “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” OCGA § 9-11-56 c.

 
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