Howell Mill/Collier Associates v. Pennypacker's, Inc.

Birdsong, Judge.

Appellant Howell Mill/Collier Associates appeals the final order and judgment in this case, and enumerates several errors pertaining to the trial court’s grant, without motion, of partial summary judgment to appellee/defendant as to appellant/plaintiff’s complaint, and asserts that the trial court also erred by denying it the opportunity to be heard in connection with the rendition of summary judgment.

Appellant/plaintiff leased store space to appellee/defendant in a shopping center. Subsequently, appellant’s agent claimed that appellee was in breach of contract by failing to…