The Arkansas Court of Appeals on Wednesday ordered attorneys for Rain Investments’ to send the court a certified, supplemental record, including an amended complaint and any other documents necessary for the court’s review.
Rain Investments’, DBA as the Saracen Cinema 8 filed suit against Judy Vu and the other owners of the Pines Mall in a business dispute in 2020.
Following court proceedings in Jefferson County Circuit Court, Rain Investments was granted a summary judgment for its breach of contract claims but Circuit Judge Rob Wyatt ruled that material issues of fact existed on all the other claims made. A permanent injunction that prevented Vu from moving forward in evicting the theater owners was set aside, as were all previous orders, including findings of contempt.
Writing for the Appeals Court, Judge Larry Vaught said the partial denial of Rain Investments’ request for summary judgment was not eligible for an appeal and said the appeals court lacked jurisdiction to hear a denial of a motion for default judgment.
That also applied to Rain Investments’ appeal of the denial of a motion for contempt since no sanction was involved.
Vaught said the only issue the court had jurisdiction over was the order setting aside the injunction that prohibited the Vu’s from evicting the theater owners, but proceedings submitted by the attorney for Rain Investments’ does not comply with court rules which included submitting a copy of the amended complaint within 60 days.
The owners of the Mall did not participate in the appeal, according to the Appeals Court ruling.
