SOUTHCROSS COMMERCE v. TUPY PROPERTIES

No. A08-1324.

766 N.W.2d 704 (2009)

SOUTHCROSS COMMERCE CENTER, LLP, Appellant, v. TUPY PROPERTIES, LLC, Defendant, RHS Realty, LLC, Respondent.

Court of Appeals of Minnesota.

June 16, 2009.


Attorney(s) appearing for the Case

Robert J. Bruno, Robert J. Bruno, Ltd., Burnsville, MN, for appellant.

Wayne E. Gilbert, Eagan, MN, for respondent.

Considered and decided by Chief Judge TOUSSAINT, presiding; HUDSON, Judge; and HARTEN, Judge.


OPINION

HUDSON, Judge.

In this action for rent due under a lease, appellant Southcross Commerce Center, LLP, argues that it was error for the district court to (1) grant summary judgment to respondent RHS Realty (RHS) and (2) deny appellant's motion for summary judgment. Because RHS was precluded from obtaining summary judgment, we reverse the district court's grant of summary judgment to RHS. Additionally, because the district court made no findings or...

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