United States Eleventh Circuit
Mac East, LLC v. Shoney's, 07-11534
In an action for breach of a lease agreement, summary judgment for plaintiff is reversed where, when an assignment contract gives the assignor "sole discretion" to withhold consent to the assignee's proposed sublease, the assignor's exercise of that discretion is not subject to a commercial reasonableness standard.
Appellate Information
- Decided 08/11/2009
- Published 08/11/2009
Judges
- COX, Circuit Judge:, Before BLACK, CARNES and COX, Circuit Judges.
Court
- United States Eleventh Circuit
Counsel
- For Appellant:
- James N. Nolan, Constangy, Brooks & Smith, Birmingham, AL, for Shoney's., Dennis R. Bailey, Bethany L. Bolger, Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, AL, Paul Oliver Woodall, Jr., Birmingham, AL, for MAC East.