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Landlord/Tenant Law Appellate Court Opinion

by Zigadto, Janet


AC44657 - Robbins Eye Center, P.C. v. Commerce Park Associates, LLC ("The defendants, Commerce Park Associates, LLC (Commerce Park), and RDR Management, LLC (RDR), appeal from the judgment of the trial court granting a postjudgment motion of the plaintiff, Robbins Eye Center, P.C., seeking an order compelling Commerce Park to deliver to the plaintiff's counsel certain escrowed funds and future payments received by Commerce Park vis-a-vis an account receivable. The dispositive issue raised by the defendants on appeal is whether a provision in a commercial lease executed by Commerce Park and Kim Robbins, who owns the plaintiff and is a nonparty to this matter, precludes the plaintiff from collecting the escrowed funds and payments at issue. We conclude that the lease provision does not bar the plaintiff's collection efforts, and, therefore, we affirm the judgment of the trial court.")