1:30 p.m. 29A02-1201-PL-4. Appellant-Defendant, Roche Diagnostics Operations, Inc. (Roche), appeals the trial court’s
denial of its cross-motion for summary judgment and its judgment in favor of Marsh Supermarkets, LLC (Marsh), awarding damages
for Roche’s breach of its sublease with Marsh.
Roche presents this court with three issues:
(1) Whether the trial court erred by denying Roche’s cross-motion for summary judgment by a) declining to find as a
matter of law that the language of the sublease granted Roche the right to terminate the sublease if it did not receive a
subordination, non-disturbance and attornment agreement (SDNA) by a certain date; or, b) by determining that genuine issues
of material fact regarding the parties’ cooperation in obtaining the SNDA precluded summary judgment.
(2) Whether the trial court erred in granting judgment to Marsh by determining that Roche’s right to terminate the
sublease required reasonable prior notice; 2) that Marsh’s delivery of the SNDA to Roche was effective; 3) that Roche
had not fulfilled its obligation to cooperate regarding the SNDA; and 4) that Roche had defaulted under the terms of the sublease.
(3) Whether the trial court erred in awarding Marsh damages based upon sublease payments under the entire eighteen year term
of the sublease rather than awarding damages in light of Roche’s right of early termination upon the fifth anniversary
of the sublease.
Never heard of remand to another state. How often does that happen?
I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.