Olympus Hills Shopping Center v. Smith's

JACKSON, Judge: Smith's Food & Drug Centers, Inc. (Smith's) appeals the trial court's denial of its motions for summary judgment and
directed verdict concerning claims by Olympus Hills Shopping Center, Ltd. (Olympus Hills) that Smith's breached its lease
with Olympus Hills, as well as the covenant of good faith and fair dealing associated with the lease. Smith's also challenges
certain admissions of evidence and jury instructions by the trial court, along with the trial court's rulings concerning the
sufficiency of Olympus Hills's notices of default and termination. Smith's also challenges the trial court's ruling concerning
whether Olympus Hills waived its right to claim default of the lease. In its cross-appeal, Olympus Hills challenges the trial
court's bifurcation of the determination of Olympus Hills's damages from the determination of Smith's liability. We affirm.