Ro-Lo Enterprises v. Hicks Enterprises, Inc.

Cureton, Judge:

The sole issue in this appeal is whether respondent, Ro-Lo Enterprises (Ro-Lo), abandoned its rights under a vehicle lease agreement with appellant, Hicks Enterprises (Hicks), when Hicks surrendered the leased vehicles to Ro-Lo. The trial judge sitting without a jury found no abandonment. We affirm.

In January 1985, Ro-Lo and Hicks entered into a lease agreement whereby Ro-Lo leased to Hicks two trailers and a tractor for one year at a minimum rental of $400.00 per week. In October 1985, Hicks experienced problems in its business. As a result, the equipment was not being used.…