Global Mall Partnership v. Shelmar Retail Partners, LLC

Excerpt

The landlord of a shopping mall commenced this action against a commercial tenant for breach of a lease. The tenant claimed it had an enforceable oral agreement to terminate the lease with the former landlord. The landlord contended that the original lease contained a "no oral modification" clause thus, the oral agreement to terminate the lease was unenforceable. After the landlord presented its proof at trial, the court dismissed the case pursuant to Tenn. R. Civ. P. 41.02(2), ruling that the oral termination agreement between the tenant and the former landlord was enforceable despite the "no oral modification" clause in the lease. This appeal followed. When a defendant files a Tenn. R. Civ. P. 41.02(2) motion for involuntary dismissal at the conclusion of the plaintiff's proof at trial, the only evidence the trial court may consider in determining whether the proof was sufficient to demonstrate a right to the relief is "the plaintiff's proof" at trial. Tenn. R. Civ. P. 41.02(2). We have determined that the trial court erroneously considered facts and documents not found in the plaintiff's proof. Excluding the extraneous facts and documents, the evidence presented at trial preponderates against the trial court's factual findings and its conclusion that the landlord's predecessor in interest and the tenant entered into a binding lease termination agreement. Accordingly, we reverse and remand for further proceedings.