Eleventh Circuit Affirms Apple Glen Judgment

On July 3, 2017, the United States Court of Appeals for the Eleventh Circuit affirmed judgment in favor of our client in the case Apple Glen Investors, L.P. v. Express Scripts, Inc. Express Scripts appealed the district court ruling that Express Scripts owed Apple Glen in excess of $6.2 million for damages arising from the condition of a first-class office building at the end of the lease. Express Scripts argued that the district court erred by: (1) ruling that Apple Glen did not split its cause of action; and (2) relying on extrinsic evidence and failing to read the contract as a whole to determine the condition required by the unambiguous lease. The Eleventh Circuit affirmed the lower judgment in a per curiam decision.