BMW Financial Services, N.A., Inc. v. Smoke Rise Corp.

Pope, Presiding Judge.

In this action to enforce an excess mileage provision in a motor vehicle lease, the plaintiff lessor appeals from the trial court’s denial of its motion for summary judgment. Because there is no question of material fact regarding plaintiff’s right to enforce the provision, we granted its application for interlocutory appeal and now reverse.

Defendant Smoke Rise Corporation leased a BMW automobile from plaintiff, and the corporation’s president, defendant William Probst, personally guaranteed the lease. The lease, as modified in an extension agreement, provided that at…