Kendall Commercial Associates, LLC v. Drakes, LLC

Kendall Commercial Associates, LLC, etc., appeals the trial court’s order entering summary judgment in favor of Drake’s, LLC and seven individual guarantors on all counts of Kendall’s amended counterclaim in the underlying landlord-tenant action. We reverse because the trial court granted relief that was neither sought in the summary judgment motion nor noticed for hearing.

The order on appeal granted summary judgment on the amended counterclaim in favor of the tenant, Drake’s, LLC, and in favor of seven guarantors/third-party defendants. However, the motion for summary judgment filed by…