Dobbs v. Petko

McCAIN, Judge.

The defendant lessees, Thelma Lover and Kathleen Dobbs, appeal from a summary final judgment in favor of the plaintiff lessors, Elmer Petko and Ann F. Petko. We affirm.

The appeal raises two points, (1) may distress proceedings be used for accelerated rentals where the terms of the lease contain an acceleration clause, and (2) were all material issues of fact resolved in the pleadings and affidavits filed pursuant to the plaintiffs’ motion for summary judgment. We answer these questions in the affirmative.

The plaintiffs entered into a five-year lease of realty with the defendants…