AVG Partners I, LLC v. Genesis Health Clubs of Midwest, LLC
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The Supreme Court affirmed the judgment of the district court granting a money judgment for Landlord after Tenant breached its leases on two commercial properties, holding that there was no merit in Tenant's arguments on appeal.
After a trial, the jury returned a special verdict in Landlord's favor, finding that Landlord met its burden of proving that Tenant breached the lease agreement, causing Landlord damages of $1,657,800 for unpaid rent and late fees and for unpaid taxes. The court entered judgment on the verdict and further awarded prejudgment interest. The Supreme Court affirmed, holding (1) Landlord had standing in this action and was not required to produce the actual assignment of the leases; (2) there was no error in the award of prejudgment interests or in the special verdicts awarding late fees; and (3) the court had inherent authority to award Landlord its actual expenses as a condition of sustaining Tenant's motion for continuance of trial.
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