IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
J.M.L. INC. & LAWRENCE GILLEN,
Appellants,
v. C.A. No. N 15A-06-006 FWW
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SHOPPES OF MOUNT PLEASANT, )
LLC, )
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Appellee. )
Submitted: July 19, 2016
Decided: October 14, 2016
MEMORANDUM OPINION AND ORDER
On Appeal from the Court of Common PleaS:
AFFIRMED in part, REVERSED in part.
Leo John Ramurmo, Esquire, 5149 W. Woodmill Drive, Suite 20, Wilmington,
Delaware 19808; Attorney for Appellants.
Josiah R. Wolcott, Esquire, Connolly Gallagher, LLP, 267 East Main Street,
Newark, Delaware 19711; Attorney for Appellee.
WHARTON, J.
I. INTRODUCTION
J.M.L, Inc. (“J.M.L.”) and Lawrence Gillen (“Gillen”) (collectively referred
to as “Appellants”) filed a Notice of Appeal on July 19, 2016, requesting a review
of the Court of Common Pleas’ decision that Gillen was a guarantor of a
commercial lease. Appellants also request a review of the trial court’s calculation
of damages and its decision to grant attorney’s fees to Appellee.
In considering this appeal, the Court must determine whether the trial court’s
findings are supported by substantial evidence and free from legal error. Upon
consideration of the pleadings before the Court and the record below, the Court
finds that there is substantial evidence to support the trial court’s decision that
Gillen was a guarantor of the commercial lease, and the trial court did not make a
legal error in reaching its decision. Regarding the trial court’s decision to grant
attorney’s fees, the Court also finds that no error occurred. However, the trial
court erred in its calculation of damages. Accordingly, the Court of Common
Pleas’ decision is AFFIRMED in part and REVERSED in part.
II. FACTUAL AND PROCEDURAL CONTEXT
Shoppes of Mount Pleasant, LLC (“Shoppes”) owns commercial real estate
at the intersection of Delaware Route 896 and Boyd’s Corner Road in Middletown,
Delaware.l The real estate consists of a gas station, a Dunl