Simmons v. O'Charley's, Inc.

CRAWFORD, Judge.

This case is before the Court for the second time. On May 10, 1991, plaintiffs-appellants filed a complaint for declaratory judgment to determine their rights under a lease agreement and related contracts and for affirmative relief. One of the defendants, O’Charley’s, Inc., the purchaser of the real estate covered by the lease agreement, filed a counterclaim in which it sought possession of the leased property and damages for, inter alia, breach of contract and unlawful *897detainer. In November of 1991, the trial court dismissed the appellants’ suit for affirmative relief for…