CHS Development Corporation, Inc. D/B/A Bridge Documents v. Lakeview Neurorehab Center Midwest, Inc. d/b/a/ Lakeview Specialty Hospital

Syllabus

This contract dispute between CHS Development Corporation, Inc. d/b/a Bridge Documents (\CHS\), and Lakeview Neurorehab Center Midwest, Inc. d/b/a Lakeview Specialty Hospital (\Lakeview\), involves the interpretation of contract provisions regarding exclusivity and noncompetition. The trial court determined that the contract provisions at issue were clear and unambiguous and granted summary judgment in favor of CHS. Lakeview has appealed. Determining that the applicable contract provisions are ambiguous, we reverse the trial court's grant of summary judgment to CHS and remand for an evidentiary hearing to determine the contractual intention of the parties with consideration of parol evidence as necessary. Consequently, we vacate the trial court's award of damages and attorney's fees to CHS. We affirm the trial court's denial of summary judgment to Lakeview. We also deny CHS's request for attorney's fees on appeal.