Lyles v. BMI, Inc.

Goolsby, Judge:

These actions against the appellants BMI, Inc., and Automatic Service Company (ASC) to recover additional rent allegedly due under a lease and to recover prejudgment interest thereon were brought by the executors of the Estate of Marian F. Stewart and by Marian S. Lyles, Stewart’s assignee. The circuit court granted the respondents’ motion for summary judgment and awarded them additional rent together with prejudgment interest. We reverse and remand.

The issues we address relate to whether there are genuine questions of material fact regarding whether the respondents were…