MOUNTAIN PURE, LLC d/b/a MOUNTAIN PURE WATER COMPANY; MOUNTAIN PURE MS, LLC; MPAR, LLC; MPMS, LLC; MOUNTAIN PURE HOLDINGS, LLC; and JOHN B. STACKS APPELLANTS
CLEAR WATER HOLDINGS, LLC, AS SUCCESSOR IN INTEREST TO SIMMONS FIRST NATIONAL BANK APPELLEE
FROM THE PULASKI COUNTY CIRCUIT COURT, SEVENTEENTH DIVISION
[NO. 60CV-14-1104] HONORABLE MACKIE M. PIERCE, JUDGE AFFIRMED
Law Office, by: Chuck Gibson, for appellants.
Quattlebaum, Grooms & Tull PLLC, by: Geoffrey B. Treece,
for appellee Michael McAfee.
LARRYD. VAUGHT, Judge
Mountain Pure, LLC d/b/a Mountain Pure Water Company;
Mountain Pure MS, LLC; MPAR, LLC; MPMS, LLC; Mountain Pure
Holdings, LLC; and John B. Stacks,  appeal the Pulaski County Circuit
Court's order denying their petition for contempt filed
against appellee Clear Water Holdings, LLC, as successor in
interest to Simmons First National Bank. We affirm.
petition for contempt arose out of a foreclosure action.
Simmons First National Bank initiated the action on March 17,
2014, by filing a complaint to foreclose its mortgages and
security interests in certain real and personal property
secured by loans Simmons made to appellants. On April 16,
2014, the circuit court entered a consent order appointing
Michael McAfee as receiver to preserve the property by
managing the Mountain Pure entities.
September 22, 2014, Simmons and appellants executed a
settlement agreement and mutual release of claims and
security interests, which, pertinent to this appeal, included
the following provision:
5. Information for Preparation of Mountain Pure Entities
Within 30 days of the date of this agreement, the Receiver
shall in the ordinary course of its business provide a copy
of all information from the Mountain Pure MAS-90 computer
system in Little Rock, Arkansas to enable the Mountain Pure
Entities to prepare and file tax returns for the year 2013
and the partial year 2014 through September, 2014. After the
Receivership is concluded, Simmons and the Receiver shall
turn over the actual hard drive(s) and computer
towers that contain the hard drives to
the Stacks Parties. Simmons and the Receiver have no
responsibility in this regard other than providing copies of
information on the computer system, and the Stacks Parties
have no right or claim to any information of the Mountain
Pure Entities on the computer system except as set forth in
foreclosure decree was entered on September 24, 2014; the
Little Rock Mountain Pure plant was sold at a foreclosure
sale on October 16, 2014, to Clear Water Holdings, LLC; an
order confirming the sale was entered on October 21, 2014;
and Clear Water Holdings was subsequently substituted as the
proper party plaintiff.
January 9, 2015, McAfee delivered one computer tower, the
main file server containing the MAS-90 system, to appellant
Stacks; however, Stacks claimed that there was no data on the
tower. McAfee claimed that his delivery of the computer tower
with the MAS-90 system satisfied the terms of the settlement
February 26, 2015, appellants filed a motion for emergency
relief to enforce settlement, and later, on March 26, 2015,
filed an amended motion. Although Stacks had possession of
the computer tower containing the MAS-90 system, he requested
that McAfee be ordered to immediately turn over the computer
towers containing the hard drives and that nothing be removed
from the hard drives and computer systems, particularly the
MAS-90 system. Appellants claimed that the data on the hard
drives was extremely important to prepare their taxes and to
seek funding for continuing businesses.
hearing was held on appellants' motion for emergency
relief on April 1, 2015. On April 13, 2015, the circuit court
entered an order providing, "Immediately upon the
conclusion of the Receivership, the Receiver shall turn over
and surrender the remaining computer towers and hard drives
from the Mountain Pure facility to John Stacks. The Receiver
shall not delete or remove any data, software or anything
else from said hard drives."
6, 2015, McAfee delivered a second computer tower to
appellants-the terminal server; however, Stacks claimed that
data had been deleted from the hard drive. As a result, on
May 15, ...