CLIMAX, LLC v. SNAKE RIVER ONCOLOGY

No. 36613.

241 P.3d 964 (2010)

CLIMAX, LLC, Plaintiff-Appellant, v. SNAKE RIVER ONCOLOGY OF EASTERN IDAHO, PLLC, and Christian Shull, M.D., Defendants-Respondents.

Supreme Court of Idaho, Idaho Falls, September 2010 Term.

October 6, 2010.


Attorney(s) appearing for the Case

Smith, Driscoll and Associates, PLLC, Idaho Falls, for appellant. Buster J. Driscoll argued.

Carey Perkins LLP, Idaho Falls, respondent. Jeremy D. Brown argued.


W. JONES, Justice.

I. NATURE OF THE CASE

When the principal of Snake River Oncology of Eastern Idaho, Dr. Christian Shull, left Idaho for military duty, he exercised its rights under the Servicemembers Civil Relief Act to terminate the office-space lease of his practice with Climax, LLC. Climax appeals the district court's grant of summary judgment in favor of Snake River Oncology and Dr. Shull, seeking equitable relief for losses it suffered from the lease...

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