Legal Opinion

Vermont Small Business Development Corp. v. Fifth Son Corp., Henzel, Mad Partners, LLC and Pierson

Supreme Court of Vermont

Decided January 25, 2013No. 2012-170PublishedCited by 22 opinions

1Opinion of the CourtDooley, J.

¶ 1. Appellant landlord appeals a partial summary judgment order concluding that his eviction of appellee tenant from a property was wrongful, as well as the trial court’s ruling on a post-trial motion that tenant was not liable to landlord for rent that accrued post-eviction. Because landlord’s notice of default was defective, and because a wrongful eviction releases a tenant from liability for rent accrued post-eviction, we affirm.

¶2. Mad Partners, LLC and Chris Pierson (collectively, lessor) leased a restaurant and residential condominium to defendants Fifth Son Corporation and J. Michael…

2Cases cited12 opinions

  1. Richart v. JacksonSupreme Court of Vermont · 2000
  2. In Re Soon KwonSupreme Court of Vermont · 2011
  3. Lane v. Town of GraftonSupreme Court of Vermont · 1997
  4. Powell v. MerrillSupreme Court of Vermont · 1918
  5. Bentley-Kessinger, Inc. v. JonesCourt of Appeals of Georgia · 1988

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3Cited by22 opinions

  1. Roy v. Woodstock Community Trust, Inc.Supreme Court of Vermont · 2014
  2. Madowitz, Kohl and Amherst Realty, LLC v. The Woods at Killington Owners' Association, Inc.Supreme Court of Vermont · 2014
  3. Christos Panagiotidis and Hrisanthi Panagiotidis v. Alexander GalanisSupreme Court of Vermont · 2015
  4. Rose, LLC v. Treasure Island, LLCCourt of Appeals of Nevada · 2019
  5. Beohm v. Pickel (In re Pickel)United States Bankruptcy Court, D. New Mexico · 2013

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