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Case Notes
First Court's Lack of Jurisdiction over Cause of Action Means Second Action Is Not Barred
Because Arkansas law requires unlawful detainer actions to be adjudicated in the county in which the subject premises lie, a court not so located in this action lacked jurisdiction to decide the matter and properly declined to do so, and those related issues it did decide were not res judicata when the unlawful detainer action came before the proper court in a neighboring county. D&T Pure Trust v. DWB, LLC, 2019 Ark. App. 122 (2/20/19).
In March of 2013, plaintiffs in this action — D&T Pure Trust; Mayflower R.V., Inc.; Toni Len Boydston, as personal representative of the estate of Lendell Doug Boydston; and Toni Len Boydston, individually (herefinafter Boydston) — sold a business to defendants DWB, LLC, d/b/a Mayflower RV Sales and Service; and Danny Brown (hereinafter Brown). The business was located on three separate properties in three separate counties in Arkansas: Crawford, Faulkner and Hot Springs.
In conjunction with the business sale, Boydston and Brown also entered into a commercial lease agreement for use of the land on which the three businesses sat. The agreed rental amount was $14,583.33 per month, but it was not apportioned in the lease to clarify how much of that total rent was to be paid for each of three properties.
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