Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
No. 13-2335
BV RETAIL, LLC,
Plaintiff Appellee,
v.
JAMES M. DONNELLY; STACY D. TAKATS
Defendants - Appellants.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
David Shepardson
Cayer, Magistrate Judge. (3:12-cv-00348-DSC)
Submitted:
Decided:
PER CURIAM:
A jury returned a verdict of $126,908.27 against James
M.
Donnelly
and
Stacy
D.
Takats
(the
Donnellys).
The
jury
district
court
erred
when
Donnellys
it
denied
their
post-verdict
We affirm.
were
owners
of
Emerson
Joseph,
which
As part
in
Josephs
which
they
rent.
personally
Emerson
Joseph
guaranteed
payment
encountered
of
financial
Subsequently, Emerson
Agreement
plainly
extinguished
their
obligations
Accordingly, the
trial,
Agreement
the
did
jury
not
determined
extinguish
that
the
the
Donnellys
Agreement.
Following
the
verdict,
the
Donnellys
Agreement
clearly
and
unambiguously
ended
their
motion.
On appeal, the Donnellys claim that the district court
erred when it denied their motion.
to
Landlord
by
Tenant.
Accordingly,
neither
.
by
shall
reason
in
no
of
way
.
be
any
affected,
dealings,
modified
or
transactions,
above
passages,
construed
together,
strongly
Emerson
Josephand
the
Donnellys
as
guarantorsremained
law,
extinguish
the
Donnellys
obligations
under
the
with
oral
Guaranty.
We
accordingly
affirm.
We
dispense
AFFIRMED
4