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· 3/7/2019

G&E HC Reit II Parkway Med. Ctr., L.L.C. v. Drs. Ford & Soud, Inc.

Citations

  • 2019 Ohio 791

Syllabus

107172 Final appealable order, default judgment, Civ.R. 55(A), mitigation of damages. The trial court's default judgment is affirmed, but its damages award is reversed because the default clause obviated plaintiff-appellant of its duty to mitigate damages after defendants-appellees left the premises. As a result, plaintiff is entitled to the amount of rent that defendants-appellees owed and did not pay under the lease's term as well as attorney fees and expenses for enforcing the terms of the lease.

Judges: Boyle

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