Moriarty v. Dziak

This is an appeal by the plaintiff, David Moriarty, from a summary judgment entered in favor of defendants John J. Dziak and Charles Penn, by the Circuit Court of Lauderdale County. The circuit court denied plaintiff's motion for summary judgment, but plaintiff has not appealed from that denial.

The issues raised on this appeal are as follows:

1. Was the circuit court correct in granting defendants' motion for summary judgment as to the legality of defendant Dziak's re-entry of the rental premises under the clause of the lease that provided for lessor's re-entry upon lessee's failure to pay…