Leisure, Inc. v. Burt Development Co.

BABCOCK, Judge.

Plaintiff, Leisure, Inc. (tenant), appeals from the summary judgment entered in favor of defendant, Burt Development Company (landlord). We dismiss the appeal.

On December 4, 1981, tenant commenced this action in the district court seeking specific performance of the renewal provisions of its lease which was to terminate on December 7, 1981. On December 8, 1981, landlord filed a forcible entry and detainer action in county court which was later consolidated with tenant’s action.

Thereafter, landlord moved for summary judgment on the ground that no genuine issue of material fact…