Kano Investments, L.L.C. v. Kojis Construction, L.L.C.

ON REHEARING

PAINTER, Judge.

_|jWe grant the application of Defendant-Appellant, Kojis Construction, L.L.C. solely as to the issue of estoppel. After reviewing the facts and the applicable law, we find that payment of rent for three months did not act to estop the breach of lease claim. The lease contract provides that the landlord’s failure to exercise its rights under the lease promptly does not operate to forfeit such rights. Further,

[E]quitable estoppel applies only where a party has made false or misleading representations of fact and the other party justifiably relied on the…