Enchanted Hills, Inc. v. Medlin

GARY M. GAERTNER, Judge.

Appellant, Enchanted Hills, Inc., appeals from an order granting respondents’, Phyllis and James Medlin’s, motion to dismiss entered by the Circuit Court of Franklin County. We reverse and remand.

Respondents entered a lease agreement with appellant on April 24,1989, for the lease of property referred to as “The Office Tavern”. The property was destroyed in a fire *723on December 25, 1989. After an investigation, it was determined the fire began “in and around the area of the furnace.”

Appellant filed a two-count petition1 against respondents on February 8, 1991. Count I…