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PESCHEL FAMILY TRUST v. COLONNA

No. 02-730.

75 P.3d 793 (2003)

2003 MT 216

PESCHEL FAMILY TRUST, Plaintiff and Respondent, v. Mark P. COLONNA, Individually and Mark P. Colonna, D.D.S., P.C., Defendant and Appellant, v. Herbert C. Peschel, individually and as trustee of the Peschel Family Trust, Counterclaim Defendant.

Supreme Court of Montana.

Decided August 21, 2003.

Attorney(s) appearing for the Case

For Appellant: Bruce Fredrickson, Angela K. Jacobs, Crowley, Haughey, Hanson, Toole & Dietrich, P.L.L.P., Kalispell, Montana.

For Respondent: Sean S. Frampton, Morrison & Frampton, Whitefish, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 Respondent, Peschel Family Trust, the "Trust", sued the Appellants, Dr. Mark P. Colonna, "Colonna", and Mark P. Colonna, D.D.S., P.C., the "Corporation", for damages arising out of the breach of a lease. The District Court entered summary judgment that the Corporation breached the lease by vacating the leased building and fixed damages, including attorney's fees. Then, following a non-jury trial, the...

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