Tempe Corporate Office Building v. Arizona Funding Services, Inc.

OPINION

McGregor, judge.

Appellant Tempe Corporate Office Building (TCOB) brought this action to recover damages for the alleged breach of a commercial lease. TCOB now appeals from the trial court’s order granting appellee Winchester Mortgage Company’s (Winchester) motion for a partial new trial to determine damages for breach of the lease. The primary issue on appeal is whether the trial court erred in granting Winchester's motion for a partial new trial based on its conclusion that Wingate v. Gin, 148 Ariz. 289, 714 P.2d 459 (App.1985), establishes a preferential method for calculating…