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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Northwest Plaza, L.L.C. v. Michael-Glen, Inc., 102 S.W.3d 552 (2003)

Citation
Northwest Plaza, L.L.C. v. Michael-Glen, Inc., 102 S.W.3d 552 (2003)
Parent Document
Northwest Plaza, L.L.C. v. Michael-Glen, Inc., 102 S.W.3d 552 (2003)
Jurisdiction
Missouri (state)
Effective Date
2003-03-25

Other Sections in This Document (68)

Full Text

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Northwest Plaza subsequently moved for summary judgment seeking entry of judgment in its favor for the amounts due under the Lease as of June 2001 and through the date of judgment. Specifically, Northwest Plaza argued that: Michael-Glen, Inc. was in possession of the leased premises; the Lease contained provisions requiring the payment of rent and other charges; BSE and Michael-Glen, Inc. had not made payments required by the Lease since March 16, 2001; Northwest Plaza sent BSE and Michael-Glen, Inc. notices of the overdue amounts; Northwest Plaza had incurred attorney’s fees and costs; the allegations of the petition do set forth a cause of action for the amounts due; as a matter of law, “latches” does not bar the cause of action; and at the time of the December 1996 assignment, BSE agreed to remain liable for its obligations under the Lease and there was no executed guaranty from Brian Looper. In support of its motion, Northwest Plaza provided the affidavits of the General Manager of the shopping mall where the leased premises were located and of an attorney in the law firm representing Northwest Plaza. In opposing the motion, BSE submitted an affidavit by Steven Shaffer.