Dr. Butt's Orthodontics, P.C., et al. v. Mall at Rockingham, LLC
── Dr. Butt's Orthodontics, P.C., et al. v. Mall at Rockingham, LLC ──
Case No.: 24A-CC-01350
Court: Indiana Court of Appeals
Date: December 27, 2024
Author: Judge Mary DeBoer
County of Origin: Marion
Category: Civil
Decision: Affirmed
Judge May and Judge Tavitas concur
On June 28, 2019, DBO entered into a seven-year lease with Landlord, 1 to lease
certain premises at the Mall at Rockingham Park in the State of New
Hampshire. The Lease, governed by New Hampshire law, 2 characterizes a
failure to pay rent or other amounts when due as a default and a breach of its
terms which might trigger Landlord’s termination of the Lease. In that event,
DBO remains “liable for all obligations arising during the balance of the
original stated term,” and Landlord is permitted to recover damages, including
attorney’s fees.
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