[U] Apollo West, LLC v. Sacks

During lease negotiations with their tenant Apollo West, John and Roberta Sacks took the position that West was in default of its obligation under the lease to pay for necessary repairs. On cross-motions for summary judgment, the trial court determined that there was a fact issue for trial as to whether West actually was responsible for any repairs, but nonetheless ordered West to vacate the premises. Because West had the right to renew the lease if it complied with all lease conditions, the order to vacate was premature. We reverse the order granting partial summary judgment and remand for further proceedings.