Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Lee v. Realty

Court of Appeals of Mississippi

November 28, 2017

TINA LEE APPELLANT
v.
KELLER WILLIAMS REALTY APPELLEE

          DATE OF JUDGMENT: 05/20/2016

         DESOTO COUNTY CIRCUIT COURT HON. ROBERT P. CHAMBERLIN

          ATTORNEY FOR APPELLANT: TINA LEE (PRO SE)

          ATTORNEYS FOR APPELLEE: LAWRENCE LEE LITTLE, TARA BETH SCRUGGS

          BEFORE GRIFFIS, P.J., CARLTON AND GREENLEE, JJ.

          GREENLEE, J.

         ¶1. Tina Lee appeals the DeSoto County Circuit Court's grant of Keller Williams Realty's motion for summary judgment dismissing Lee's complaint concerning her leased home's conditions. Because the lease agreement's provisions control and Keller Williams did not assume the duty to repair, the trial judge did not err in granting summary judgment. We therefore affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. On April 19, 2013, Lee entered into an agreement with Keller Williams, through its agent Melissa Parish, to lease a residence in Horn Lake, Mississippi. The lease was for a period of approximately one year, with rent to be paid monthly in the sum of $875. Under the terms of the agreement, Lee agreed that the premises would be occupied by only two occupants-herself and her seven-year-old son. Further, the agreement contained a "condition of the premises" clause and an "indemnity" clause, which relieved Keller Williams of its duty to make repairs to the property after the inception of the lease.

         ¶3. Lee moved into the property on May 17, 2013, finding that it was in good condition. Three days later, after a heavy rain, the back room began to flood. This allegedly occurred many times throughout the lease period, and, according to Lee, she informed Parish of the problem. The occasional flooding and resulting mold, according to Lee, resulted in damages to herself and her son.

         ¶4. On March 20, 2014, Lee filed a complaint against Keller Williams and Anderson Rentals LLC alleging negligence and breach of contract for failure to repair the property or relocate her to another property. On July 8, 2015, without notice to the parties or permission from the court, Lee filed a "Supplemental and Amended Complaint, " adding an additional negligence claim for permanent injuries to her son in the form of ringworm and a mold allergy. Subsequently, Keller Williams and Anderson Rentals moved for summary judgment. After holding a hearing on the matter, the trial court judge granted Keller Williams's motion for summary judgment and dismissed the case against Anderson Rentals. Lee appealed the grant of Keller Williams's summary-judgment motion to this Court.

         ¶5. On appeal, Lee asserts the trial court erred because (1) she did not waive Keller Williams's duty to repair the property, and (2) Keller Williams assumed the duty to repair. Additionally, Keller Williams asserts that Lee's amended complaint was not procedurally proper before the circuit court and cannot be a basis for appeal.

         STANDARD OF REVIEW

         ¶6. Grants of summary judgment are reviewed de novo, with the evidence viewed in the light most favorable to the nonmovant. Karpinsky v. Am. Nat'l Ins., 109 So.3d 84, 88 (¶9) (Miss. 2013). Upon review, this Court examines "all the evidentiary matters before [it], including admissions in pleadings, answers to interrogatories, depositions, and affidavits." Albert v. Scott's Truck Plaza Inc.,978 So.2d 1264, 1266 (ΒΆ5) (Miss. 2008) (citation omitted). "If no genuine issue of material fact exists and the moving party is entitled to [a] judgment as a ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.