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FRENCHTOWN SQUARE PARTNERSHIP v. LEMSTONE INC.

Nos. 2001-1165 and 2001-2259.

99 Ohio St.3d 254 (2003)

2003-Ohio-3648

FRENCHTOWN SQUARE PARTNERSHIP, APPELLANT, v. LEMSTONE, INC., D.B.A. LEMSTONE BOOKS, APPELLEE.

Supreme Court of Ohio.

Decided July 23, 2003.

Attorney(s) appearing for the Case

David A. Fantauzzi, for appellant.

Nadler Nadler & Burdman Co., L.P.A., Donn D. Rosenblum and Peter B. Grinstein, for appellee.

Thompson Hine L.L.P., William C. Wilkinson, Dena M. Kobasic and Andrew H. Cox, urging reversal for amici curiae Simon Property Group, Inc., Glimcher Realty Trust, The Richard E. Jacobs Group, and Forest City Enterprises, Inc.

O'CONNOR, J.

Preliminary Issue

{¶ 1} Before addressing the merits of this appeal, we resolve a procedural issue raised by Frenchtown Square Partnership ("Frenchtown").

{¶ 2} This case is before us as a consolidated appeal. On February 6, 2002, we accepted jurisdiction in case No. 2001-1165, the underlying case, solely to determine whether a landlord has a duty to mitigate damages caused by a tenant who breaches a commercial...

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