DN Reynoldsburg, L.L.C. v. Maurices Inc.

Citations

• 2022 Ohio 949

Syllabus

The trial court erred in granting appellee's motion for summary judgment. The plain language of the lease agreement was ambiguous as to what the parties considered a \comparable replacement\ under Section 8.03(c) of the lease. The parol evidence informs multiple reasonable interpretations of the contract provision creating a dispute of fact regarding the parties' intentions at the time the contract was formed. As the trial court also failed to rule on certain issues in its decision, this court would not rule on those issues for the first time and remand the case for the trial court to consider the other questions raised in appellee's motion for summary judgment. Because we find that there is a dispute of material fact as to whether Rooms for Less constitutes as a \comparable replacement\ under Section 8.03(c) of the lease, a review of whether the trial court erred in awarding attorney fees to appellee as the prevailing party is premature.