Massey v. Carriage Towne, LLC, [Ms. 2150432, Sept. 2, 2016] __ So. 3d __ (Ala. Civ. App. 2016). The Court of Civil Appeals affirms in part and reverses in part a judgment entered by the Mobile Circuit Court in an action for breach of contract and attorney's fees arising from an abandonment of a commercial lease agreement.
The court affirms the judgment concerning breach of lease damages finding that the lessor had not "accepted the abandonment" by merely reentering the leased premises, conducting an inspection, and attempting to re-lease the premises through advertising. Citing Newman v. Spann, 602 So. 2d 901 (Ala. Civ. App. 1992) and McClure v. Daniel, 45 Ala. App. 558, 233 So. 2d 500 (Civ. App. 1970) (Ms. *6-7), the court finds the trial court could properly have concluded that such actions by the lessor were insufficient to support a finding of an acceptance of the abandonment such that the past-due rents could be excused.
However, the Court found that the Mobile Circuit Court's failure to evaluate the lessor's claim for attorney's fees under the criteria established in Peebles v. Miley, 439 So. 2d 137 (Ala. 1983), required that the judgment awarding an attorney's fee apparently based upon a contingency fee formula was required to be reversed for reconsideration upon remand in light of the guidelines set forth in Peebles v. Miley. Ms. *7-10.
Related Documents: Massey v Carriage Towne