Wilmington Trust v. Thor Palmer House Retail, LLC

In a commercial foreclosure action, the borrower appealed from a judgment entered in favor of the lender, arguing that the trial court erred by denying its motion for partial summary judgment, by including a paragraph in the final judgment that the borrower maintained amounted to an advisory opinion, and by granting the portion of the lender’s motion for summary judgment that awarded the lender a “prepayment premium.” The appellate court agreed with the borrower on the first two issues and as to the amount awarded in the third issued and affirmed in part, revered in part, vacated in part, and remanded with instructions. (ROCHFORD and LYLE, concurring)