Island Girl Outfitters, LLC, and Anthony S. Carver v. Allied Development of Alabama, LLC (Appeal from Baldwin Circuit Court: CV-22-900259).
SC-2023-0561
Ala.Mar 21, 2025Background
- Island Girl Outfitters, LLC (IGO) leased a store at Eastern Shore Centre, agreeing to a five-year term with escalating base rent, personally guaranteed by owner Anthony S. Carver.
- After one year, IGO closed its store due to poor sales and vacated the premises, breaching the lease agreement.
- Allied Development, the landlord, filed a breach-of-contract lawsuit seeking damages for unpaid future rent and other costs as provided for in the lease.
- The trial court granted Allied partial summary judgment on liability, and following a damages hearing, awarded Allied $94,350 against both IGO and Carver.
- IGO and Carver appealed, challenging both the liability determination and the calculation of damages, particularly in light of the landlord quickly reletting the space.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Breach of Lease | IGO failed to pay rent and vacated | Allied did not properly market/maintain the mall | For Allied—no evidence of such duty |
| Liability for Future Rent | Lease entitles Allied to future rent | Allied relet premises quickly, limiting damages | Affirmed due to lacking hearing record |
| Calculation of Damages | Supported by affidavit/documentation | Damages lacked itemization, were overstated | Affirmed under ore tenus rule |
| Allied's Performance | Met obligations under lease | Allied's efforts to market/maintain were inadequate | No breach found—lease terms control |
Key Cases Cited
- Nationwide Prop. & Cas. Ins. Co. v. DPF Architects, P.C., 792 So. 2d 369 (Ala. 2000) (summary judgment standard on appellate review)
- Beauchamp v. Coastal Boat Storage, LLC, 4 So. 3d 443 (Ala. 2008) (plaintiff must show own performance on contract)
- Certain Underwriters at Lloyd's, London v. Southern Nat. Gas Co., 142 So. 3d 436 (Ala. 2013) (appellant must affirmatively show error on appeal)
- Jefferson Cnty. Comm'n v. ECO Pres. Servs., L.L.C., 788 So. 2d 121 (Ala. 2000) (summary judgment evidence viewed favorably to nonmovant)