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IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 39229 BOISE MODE, LLC, an Illinois limited liability company, successor-in-interest of MODE BUILDING LIMITED PARTNERSHIP, an Idaho limited partnership, Plaintiff-Counterdefendant-Respondent, v. DONAHOE PACE & PARTNERS LTD, an Idaho corporation, Defendant-CounterclaimantAppellant, and TIMOTHY PACE, Defendant-Appellant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Boise, December 2012 Term 2013 Opinion No. 10 Filed: January 24, 2013 Stephen Kenyon, Clerk

Appeal from the District Court of the Fourth Judicial District of the State of Idaho, Ada County. Hon. Ronald J. Wilper, District Judge. The decision of the district court is affirmed. Lopez & Kelly, PLLC, Boise, for appellants. Nathan Ohler argued. Hawley Troxell Ennis & Hawley LLP, Boise, for respondent. Steven F. Schossberger argued. _______________________________________________ HORTON, Justice. This appeal arises from a commercial lease dispute. Boise Mode, LLC leased space in its building to Donahoe Pace & Partners, Ltd. (DPP). Timothy Pace executed a personal guarantee for the lease. During the term of the lease, Boise Mode remodeled part of the building for another tenant. After raising concerns to Boise Mode about the adverse effects of the construction to its business, DPP eventually stopped paying rent and vacated the premises prior 1

to the end of the lease. Boise Mode then brought an action against DPP, alleging breach of contract, and against Pace for breaching the guarantee. DPP counterclaimed, alleging that the disruption caused by the construction constituted breach of contract and constructive eviction. After Boise Mode moved for summary judgment on all claims and counterclaims, DPP requested a continuance to complete discovery. The district court denied DPP's motion and ultimately granted Boise Mode's motion for summary judgment. DPP appealed from the summary judgment as well as from the district court's denial of its request for a continuance. We affirm. I. FACTUAL AND PROCEDURAL BACKGROUND Boise Mode and DPP entered into a lease agreement (Agreement) in November 2006, under which DPP agreed to lease Suite 350 in Boise Mode's building at 800 W. Idaho Street in Boise (the Premises) from December 1, 2006 to May 31, 2010. Among its provisions, the Agreement contains the following: [

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Idaho Law