General Hospitals of Humana, Inc. v. Jenkins

I respectfully dissent. I would concur with the majority opinion with respect to the attorney fees issue except that in my view it would not be reached because I depart from both the majority and dissent*832ing opinions with respect to the oral lease issue.1

“Where’s the lease?”

The original lease, and the written renewal document submitted to Jenkins and signed by him, provided at the close immediately above his signature:

“Condition Precedent. Notwithstanding anything contained herein to the contrary, this Lease shall not be effective or legally binding upon the parties hereto until it has been…