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Case Notes

By ssalkin
April 01, 2019

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.

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