Muccio, LLC v. Honey Tree Learning Center, LLC

THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case No. 2023-0473, Muccio, LLC v. Honey Tree
Learning Center, LLC, the court on February 27, 2024, issued
the following order:

The court has reviewed the written arguments and the record submitted
on appeal, and has determined to resolve the case by way of this order. See
Sup. Ct. R. 20(2). Accordingly, we vacate that portion of our September 13,
2023 acceptance order stating that the case “will be scheduled for oral
argument before the full court.” The defendant, Honey Tree Learning Center,
LLC, appeals an order of the Circuit Court (Gardner, J.) evicting it for material
breach of its lease with the plaintiff, Muccio, LLC. We construe the defendant’s
brief to be arguing that the trial court erred by finding that it materially
breached the parties’ lease by failing to procure certain insurance coverage.
Based upon our review of the parties’ written arguments, the relevant law, the
record on appeal, and the trial court’s thorough and well-reasoned decision, we
find the defendant’s arguments unpersuasive, and affirm the trial court’s
decision. Issues raised in the defendant’s notice of appeal that it has not
briefed are waived. See State v. Blackmer, 149 N.H. 47, 49 (2003)

Affirmed.

MacDonald, C.J., and Bassett, Hantz Marconi, Donovan, and Countway,
JJ., concurred.
Timothy A. Gudas,
Clerk