Appellant Indiana Bureau of Motor Vehicles ("BMV") appeals the trial court's order granting Appellee Ash, Inc.'s motion for summary judgment. Ash, Inc. cross-appeals, challenging the trial court's award of damages. In 2000, BMV leased two properties from Ash, Inc. for a period of ten years. Pursuant to a cancellation clause in the original leases, BMV terminated the leases in 2005. Ash, Inc. filed suit against BMV alleging that the parties modified the leases in 2003 by eliminating the cancellation clause and that BMV breached the leases when it vacated the properties in 2005. Both parties filed motions for summary judgment. The trial court granted Ash, Inc.'s motion for summary judgment finding that BMV breached the modified leases when it vacated the properties. The trial court also found that Ash, Inc. was not entitled to future damages.
The Scheduled Panel Members are: Judges Friedlander, Darden and Barnes.
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[Court_of_Appeals]
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