Santos v. Dean

Antonio Santos, as tenant, signed a lease with an option to purchase a home with Diane E Dean now Boone. The trial court granted summary judgment to Mr. Santos after deciding (1) no material facts remained bearing on the issue of notice of exercise of the option and (2) the notice was effective when sent, rather than when received. We disagree, and in doing so decide an issue of first impression. Additionally, we decide the trial judge should be left with the discretion to decide disqualification on remand. Finally, we decide a different trial judge correctly decided and applied the legal…