S-19-1198 TDP Phase One, LLC (Appellee) v. The Club at the Yard, LLC and Eric Marsh (Appellants)
Lancaster County District Court, Judge Lori A. Maret
Attorneys: David A. Domina (DominaLaw Group, PC LLO, for Appellants) — Gregory S. Frayser & Nathan D. Clark (Cline Williams Wright Johnson & Oldfather, LLP, for Appellee)
Civil: Forcible entry and detainer
Proceedings Below: The district court sustained a motion for partial summary judgment and entered a judgment of restitution of commercial premises.
Issues: Appellants assign that the court erred by 1) granting summary judgment for the Appellee; 2) concluding overpayments could not be considered to prove rents were paid; 3) failing to allow discovery concerning prepayments of rents and calculations of rent credits; 4) finding pre-suit notice was given; and 5) granting summary judgment for restitution against a lease guarantor who was not a party in possession of the leased premises.