HK New Plan Marwood Sunshine Cheyenne, LLC v. Onofrey Food Services, Inc.

OPINION

SHARPNACK, Judge.

In this interlocutory appeal, HK New Plan Marwood Sunshine Cheyenne, LLC, ("New Plan") appeals the trial court's denial of its motion for summary judgment and the trial court's grant of summary judgment to David Onofrey ("Onofrey"). New Plan raises two issues, which we consolidate and restate as whether Onofrey's guaranty of the lease between Onofrey Food Services, Inc., and New Plan was enforceable. We reverse and remand.

The relevant facts designated by the parties follow. In December 1999, Simon Property Group, L.P., leased commercial space located in the Marwood…