Rollins

This case comes to this court on an appeal from an order granting respondents’ motion for summary judgment and from the judgment entered thereon. The appeal involves the legal effect of respondent Joe J. Correia’s (Correia) preemptory right, set out in a lease, to purchase real property owned by respondent Norene Stokes (Stokes). Stokes was lessor. All parties have agreed appellant’s complaint presented issues of law only, and that a motion for summary judgment was the appropriate vehicle for resolution of the issues involved.

Plaintiff and appellant, Norman Rollins (Rollins), filed a complaint for declaratory relief naming respondents, Stokes and Correia, as defendants.

The complaint essentially prayed that respondent Correia should be declared to have no right to acquire ownership of the leased property in question.

The lower court ruled that Correia’s “option” under the lease between himself and Stokes was prior in time and superior to the rights of appellant to purchase (under the terms of a later option to purchase given by Stokes to appellant Rollins). In this connection the trial court made detailed findings of fact and conclusions of law. Among the findings and…