Route Triple Seven Ltd. Partnership v. Total Hockey, Inc.

MEMORANDUM OPINION

T.S. ELLIS, III, District Judge.

At issue post-judgment and appeal in this landlord-tenant case is the tenant’s claim for attorney’s fees pursuant to a lease provision that granted attorney’s fees to the “substantially prevailing party” in any suit brought to enforce the lease. The landlord plaintiff brought such a suit, which, in the end, was resolved by the entry of summary judgment in favor of the defendant tenant on all of the landlord’s claims and in favor of the landlord on the tenant’s single counterclaim. The landlord’s appeal failed as the Court of Appeals for the…