The Arkansas Court of Appeals on Wednesday affirmed an order by Circuit Judge Rob Wyatt Jr., that dissolved an injunction preventing the owners of the Pines Mall from evicting the owners of the movie theater at the mall.
Rain Investments LLC, DBA Saracen Cinema 8 filed a lawsuit against James Vu, Thuytien (Judy) Vu, John Vu, Theresa Vu and Cameron Appraisal Group LLC contending a breach of contract following a dispute between the parties over allegations that the Vu’s failed to perform maintenance in accordance to a lease between the two sides. Rain contended they spent more than $18,000 on the maintenance and lost more than $50,000 i8n revenue.
On May 20, 2020, Wyatt issued a temporary restraining order requiring the Vu’s to turn on the electricity and air conditioning and tob give Rain Investments keys to the property. The Vu’s failed to comply with that order and on June 4, 2020, Wyatt made the injunction permanent. Among other things, the Vu’s were prevented from evicting Rain Investments and from collecting rent directly. They were also ordered to give Rain Investments keys to the building allowing it access to the theater, the mall, the roof, storage areas and all common areas.
The Vu’s failed to comply with that order, even after a police officer attempted to intervene on behalf of Rain Investments.
In January 2021, Wyatt entered an order granting Rain Investments summary judgment on the breach of contract allegations and finding that there were still issues of fact on other allegations. The permanent injunction preventing the Vu’s from proceeding with the eviction process.
Rain Investments appealed that ruling to the Court of Appeals, specifically citing Wyatt’s ruling setting aside the permanent injunction and writing for the Appeals Court, Judge Larry Vaught said Rain Investments did not present any persuasive authority or convincing arguments as to why dissolving the permanent injunction was not an appropriate response to the granting of summary judgment.
