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ZION FACTORY STORES HOLDING v. LAWRENCE

No. 20040532-CA.

121 P.3d 53 (2005)

2005 UT App 361

ZION FACTORY STORES HOLDING, a California limited partnership, Plaintiff and Appellee, v. Tom LAWRENCE; Quilts, Inc., a Utah corporation; and John Coffee, Defendants and Appellant.

Court of Appeals of Utah.

August 25, 2005.

Attorney(s) appearing for the Case

Michael A. Day and Bryan J. Pattison, Durham, Jones & Pinegar, St. George, for Appellant.

Russell S. Mitchell, Jones, Waldo Holbrook & McDonough, St. George, for Appellee.

Before Judges BENCH, GREENWOOD, and THORNE.

OPINION

THORNE, Judge:

¶ 1 Tom Lawrence appeals the trial court's judgment in favor of Zion Factory Stores Holding (Zion). We reverse.

FACTUAL BACKGROUND

¶ 2 Zion operates a commercial shopping center in St. George. In 1998, Zion entered into a lease agreement with Quilts, Inc. (Quilts), whereby Zion leased retail space to Quilts for the purpose of operating a quilt store. The initial term of the lease was five years commencing...

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