Legal Opinion

Vinings Jubilee Partners, Ltd. v. Vinings Dining, Inc.

Court of Appeals of Georgia

Decided March 3, 2004No. A03A2095PublishedCited by 1 opinion

1Opinion of the Court

MlKELL, Judge.

We granted Vinings Jubilee Partners, Ltd.’s (“the landlord”) application for interlocutory appeal from the trial court’s order *35denying its request for a writ of possession. Finding that the court was required to grant the writ pursuant to OCGA § 44-7-54 (b), we reverse.

The landlord and the predecessor in interest to the current tenant, Vinings Dining, Inc. d/b/a Garrison’s, entered into a commercial, 15-year lease in 1998. The lease requires the tenant to pay a minimum guaranteed annual rental (“MGAR”) in 12 equal monthly installments, with payment due on the first of each…

2Cases cited4 opinions

  1. Eckerd Corp. v. Alterman Properties, Ltd.Court of Appeals of Georgia · 2003
  2. Insurance Industry Consultants v. Essex Investments, Inc.Court of Appeals of Georgia · 2001
  3. Dublin Pub, Inc. v. Mutual Life Insurance Co. of New YorkCourt of Appeals of Georgia · 1989
  4. Evans Clay Co. v. SimsSupreme Court of Georgia · 1982

3Cited by1 opinion

  1. Hood v. PeckCourt of Appeals of Georgia · 2004

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