Gordon Kleyle v. Myrna Deogracias

WILSON, J.,

for the Court:

¶ 1. Gordon Kleyle sued Myrna and Philip Deogracias and The Railroad Café LLC for unpaid rent under a lease. The Deo-graciases 1 eventually moved to dismiss, arguing that Kleyle’s claim was barred because the lease was actually a sublease; Kleyle’s prime lease with the Alabama Great Southern Railroad Company (“AGS”) prohibited subleasing without AGS’s consent; and the sublease was void because Kleyle failed to obtain AGS’s consent. The circuit court agreed with the Deograciases and granted their motion to dismiss. . However, we conclude that the anti-assignment…