Firm members Jim Newman and Bill Watts obtained the reversal of a summary judgment on an appeal to the Alabama Supreme Court in Rochester-Mobile, LLC v. C&S Wholesale Grocers, Inc., 2017 WL 2610508 (Ala. June 16, 2017). In this case of first impression, the Court adopted the Helmsing attorneys’ argument that the term “lease”, as used in the statute (Section 35-4-6, Code of Ala.) requiring the recording of leases with terms longer than 20 years, did not include a sublease. This ruling will serve to preserve as valid any sublease for a term longer than 20 years that was not recorded within one year of its execution, as required under the statute.
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