SPM Acquisition, L.L.C. v. Italian Restaurant Group, L.L.C.

Citations

• 2026 Ohio 1279

Syllabus

Summary judgment; breach of contract; motion to disqualify attorney; mitigation of damages; abrogation of duty to mitigate damages. A review of the contracts at issue shows that the landlord had a duty to mitigate its damages in the event the tenant defaulted and landlord retook possession of the property. Furthermore, there was a factual issue for the jury regarding whether the landlord did mitigate its damages. The trial court erred when it granted summary judgment in favor of the landlord. Because summary judgment was improper, the trial court also erred by rendering moot the motion to disqualify one of the landlord's attorneys based on conflict of interest.