A business in the mall was evicted based upon a repeated failure to timely pay rent. The district court in a forcible detainer proceeding noted that its jurisdiction was limited to nonpayment of rent (not other breach of contract claims) but proceeded with the eviction. The Circuit court sitting as the first level of appellate review summarily affirmed the district court. See Jamba Juice v. Fayette Mall SPE, LLC, Fayette Circuit, 14-XX-17, August 20, 2014. However, the Court of Appeals sitting as the second and discretionary level of appeal granted discretionary review. See Jamba Juice v. Fayette Mall SPE, LLC, COA 2014-CA-1508, November 18, 2014. Click here to see the Motion for Discretionary Review and here for the Response.
Forcible detainer/ jurisdiction
