Office Depot, Inc. v. District at Howell Mill, LLC

MCFADDEN, Judge.

Office Depot, Inc. sued its landlords, The District at Howell Mill, LLC (the “District”) and ELPF Howell Mill, LLC (“ELPF”) (collectively, “landlords”), for breach of the exclusive-use provision of a commercial lease agreement. It also asked for a declaratory judg ment regarding its obligation to pay rent under the lease and/or its authority to terminate the agreement. The landlords counterclaimed for past-due rent, attorney fees, and a declaration that they did not breach the lease. Following discovery, the parties filed cross-motions for summary judgment, and the trial court…