Mumtaz Mf v. Sammie Lindsey and Smart Grocery, LLC
CourtCourt of Appeals of Arkansas
Date FiledOctober 21, 2026
StatusPublished
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Full Opinion
Cite as 2026 Ark. App. 488
ARKANSAS COURT OF APPEALS
DIVISION I
No. CV-25-147
MUMTAZ MF Opinion Delivered October 21, 2026
APPELLANT
APPEAL FROM THE BRADLEY
COUNTY CIRCUIT COURT
V. [NO. 06CV-24-35]
SAMMIE LINDSEY AND SMART HONORABLE QUINCEY ROSS,
GROCERY, LLC JUDGE
APPELLEES
AFFIRMED
BRANDON J. HARRISON, Judge
Ms. Mumtaz Mf appeals the Bradley County Circuit Court’s order that, after a bench
trial, awarded some $49,000 in damages for fraudulently inducing Sammie Lindsey to enter
a commercial lease. The court also denied her counterclaim for accelerated rent payments
and repairs. It awarded Lindsey attorney’s fees and denied Mumtaz’s motion to reconsider.
Here, Mumtaz argues that the judgment is undermined by legal errors. Though we agree
in part, we conclude the award is adequately supported in law and was not a clearly
erroneous determination on the facts of record. We therefore affirm.
*
In 2021, Lindsey and Smart Grocery, LLC sued Mumtaz in the Drew County Circuit
Court for misrepresentations of fact and breach of an implied warranty of fitness for a
particular purpose under Ark. Code Ann. § 4-2-315 (Repl. 2020). The case was transferred
to Bradley County without objection in 2024. A bench trial was held in August 2024.
Mumtaz represented herself at trial—and not particularly assertively or well. 1 That
minimized the issues and arguments preserved for appeal, and this opinion should be read
with that in mind.
Mumtaz owned a commercial building in Hermitage, Arkansas that she had bought
at a foreclosure sale in 2016. She said she had used the property as a grocery store and deli
with all the required licenses from the Arkansas Department of Health. She closed the store
in summer 2019 after an employee stole $7000 worth of lottery tickets. Hermitage’s mayor
reached out to Mumtaz and explained the city needed a grocery store; she was not on board.
So the mayor pivoted to Lindsey, a businessman, and asked if he would be interested in
running a grocery store. Lindsey agreed, so the mayor connected the two.
Enter Dianeth “Dean” Mullolah, Mumtaz’s husband, who spoke with Lindsey and
ushered him around the property, the equipment, and so on. Dean explained that he and
Mumtaz had been running a grocery store and deli on the premises and that everything was
“good to go” as far as a grocer’s business was concerned. After seeing the space, hearing
that it was up to code for licensing as a grocery store, and seeing the equipment run well
enough, Lindsey signed on the dotted line. The lease agreement was for two years
beginning 1 November 2019. It required Lindsey to pay $1200 a month for rent, use the
space for retail purposes, maintain it in good condition, and pay property taxes during the
lease term.
1
She retained counsel later to file a motion for reconsideration and timely notices of
appeal.
2
Things went sour quickly. Soon after signing, Lindsey discovered that a lot of work
had to be done to open as a viable business. The biggest issue was cooling. Though the air
conditioners, coolers, and freezers worked to a degree, they could not keep things cool
enough. When Lindsey complained to Dean that the coolers weren’t working properly, he
replied, “Well, you may have done something wrong.” Lindsey paid for cleaners, had two
HVAC experts look at the equipment, and hired a plumber to install a sink and fix the drain
in the floor. Behind the cooling problem was a wiring problem. So Lindsey hired an
electrician to upgrade old and faulty wiring. Despite this work, the store failed three health
department inspections—in October 2020, November 2020, and January 2021. The
HVAC did not pass. The deli did not pass. Indeed, Lindsey testified without objection that
the health department had told Mumtaz and Dean they could never run a deli there.
Sydney Owens, an HVAC technician Lindsey employed, couldn’t count how many
times he had come out to the store. He fixed fans that weren’t working, unclogged the
coils, drained the coils, added Freon, unstuck stuck contacts, cleaned the condensers, and
changed capacitors. Nothing made a difference. The coolers would come on, but then
stop, and wouldn’t start again. The coolers “just wasn’t really cooling,” he said. Some
condenser units simply never got power. For many of them, Owens could never find the
circuit breakers. Others had breakers that were labeled for a particular unit, but closing the
circuit wouldn’t turn the designated unit on. Eventually Owens gave up. He said, “[I]f I
see something that’s not working, . . . I’m not comfortable constantly to continue to do
work and take people[’s] money if I’m not able to fix it.” A cold statement of fact from a
warm-hearted professional.
3
Cooling is not a negotiable requirement for a grocery. Having concluded it would
be too costly to bring the building up to code, Lindsey contacted Dean to ask about getting
out of the lease. Twice. According to Lindsey, Dean first told him that if he would get
current with rent, Dean would let him off the contract hook. Lindsey paid his back rent—
$2,400—and assumed he was home free. Not so. Two months later, Dean asked why he
wasn’t paying rent. Lindsey explained he thought he was out of the lease. Dean said, “No,
you’re not out of the lease.” Dean had asked Mumtaz, and she vetoed the idea: “If he
agreed to the lease, he has to fulfill the lease.”
More time passed, more rent went unpaid, and things between the parties soured
completely. By trial, Mumtaz and Dean were running the store again. But not as a grocery
store. “Just hardware.” Dean testified that when they had shut the store down in summer
2019, they had active grocery and deli licenses and were operating the store as both.
Department of health records would confirm that, he said.
From then until Lindsey leased the property, Dean would come in two or three times
a week and run the cooler for an hour, “two hours sometimes,” to make sure it was cooling
enough. He said the HVAC system “need[s] maintenance all the time.” Sometimes the
Freon is low, or the capacitor goes, or the breaker trips; those are “the problems we have
that are commonplace.”
When he and Mumtaz took over after the lease term, they had to spend a lot of
money getting the (hardware) store ready. Why? The air conditioning “was not working
in good condition at that time.” Dean didn’t know what all was done, but “a lot of air
4
condition people came and, you know, did it.” One of them told him a compressor had to
be changed, and another was in bad condition.
Mumtaz testified that she had a grocery license from the day she bought the building
until she leased it to Lindsey. Inspectors came every six months. She had two or three total
violations in that time. Most were “small things, like the soap or the towels or the
refrigeration was not cooling enough.” When she had bought the building, the HVAC was
not working. An HVAC technician told her the air conditioning had died. She spent
$8,000 to resurrect it. How many times had she needed to fix it since? “Oh, many times.”
“Many time[s],” she repeated. “Like, the air condition[ing] units all the time.” She had
been to a safety course and knew what temperatures the coolers and freezers needed to stay
under. Whenever the HVAC needed maintenance or repair she called a technician because
“we need to do it to keep the product good.” The last day they were in business, the
temperatures were where they were supposed to be.
After Lindsey vacated the building, the store was not used for two years. In that
time, Mumtaz said, rats gnawed through a lot of the electric wires. As a landlord, she had
wanted two things from Lindsey. “I wanted to rent that building. . . . And I wanted them
to maintain that building.” She agreed that she had wanted to incentivize a lease. Mumtaz
admitted that she told Lindsey before he signed the lease that, though the building was now
closed, she and Dean had recently been operating a grocery store, deli, and hardware store
there. But she “didn’t say that [would] work. I said we did it. I said we did it.” Her word,
she said, “is in that [lease] agreement. Okay? I go by the agreement.” And the lease
5
agreement said the property was leased as is, and that it was the lessee’s duty to maintain the
building and cooling system.
But Mumtaz was not the only one who had spoken to Lindsey. Dean had too. And
Mumtaz acknowledged he was authorized to speak for her on some matters and had told
Lindsey, “[W]e have a deli license. We have a grocery license. You’re good to go.”
Sammie’s wife Catherine confirmed that Mumtaz was present when Dean had made those
statements. Though Mumtaz denied Dean had authority to speak for her on all matters
(“[h]e’s not authorized to say anything I did not say”), she could not say how Lindsey was
supposed to tell the difference. And that apparently made a difference.
After closing arguments, the circuit court addressed Mumtaz:
THE COURT: . . . At this point in time, I will leave evidence open for the
licenses. Okay? I want to see those three licenses you said you
were carrying on this building. All right? I also want to see what
infractions you carried on those for the deli, for the grocery side
and any other licenses you had from the health department.
. . . I’m only worried about this building in Hermitage. I
don’t care about the one in Strong.
MUMTAZ: Oh. Okay. I have them.
(Emphasis added.)
She did not have them. In a letter dated 1 August 2024, she attached tax bills and
other records the court had invited her to submit. But no licenses or violation notices, past
or present, were produced. Mumtaz represented that she had called the health department,
and an employee told her the license was closed in 2019 and not active now, so they could
not be printed. Lindsey’s own supplement includes this 13 August 2024 Freedom of
Information Act request from his counsel:
6
I am interested in any and all records of the Arkansas Department of Health
regarding any businesses or interaction with the [Department] regarding a
commercial property situated at 112 W. 3rd St. in Hermitage, Arkansas.
I hereby request a copy of all licenses, applications, inspections, notices,
suspensions, revocations, or any and all other communications regarding
commercial activity at that location. This would include any property
operated by Mumtaz MF, Dollar Saver Market, Inc., Smart Grocery, LLC,
Sammie Lindsey, or any other party.
But the record does not indicate what, if anything, came in response.
On November 7, about three months later, the circuit court ruled in Lindsey’s favor
and awarded him $48,910.75 in damages and attorney’s fees in an amount to be determined
(eventually $4,895 plus court costs). Because Lindsey was an experienced business owner
and the court found he had failed to perform some due diligence before signing the lease, it
assigned him some responsibility for the commercial mess. To adjust for Lindsey’s oversight,
the court subtracted three months’ rent ($3600) from the award above. All Mumtaz’s
counterclaims were denied. 2
November 22, through newly acquired attorneys, she moved for reconsideration or,
alternatively, to set aside judgment. The circuit court expressly denied the motion
December 10. She timely appealed the November 7 and December 10 orders. We ordered
her to file a replacement for her principal brief because of deficiencies. Mf v. Lindsey, 2026
Ark. App. 214. Two judges now reach the merits; the third would dismiss for a recurring
briefing deficiency. The judgment will be affirmed nonetheless, as now detailed.
2
Mumtaz does not raise any issue on appeal about the denial of her counterclaims, so
we discuss them no further.
7
The circuit court grounded its award in both the fraudulent-inducement and
implied-warranty-of-fitness theories Lindsey pleaded. Mumtaz argues broadly that the
evidence fails to satisfy the elements of fraud and that there was no implied warranty because
the transaction was a common-law lease. Finally, she argues the circuit court erred when it
denied her motion to reconsider as untimely because Veterans Day, 11 November 2024,
was excluded from the deadline calculation. Ark. R. Civ. P. 6(a). She is right about the
deadline; but it doesn’t matter. The circuit court addressed the merits of her arguments for
reconsideration in the same order:
The judgment rendered by the Court was based on the testimony and
evidence introduced during the regularly scheduled hearing on August 1,
2024. This evidence included detailed testimony from the Plaintiffs regarding
the condition of the property, licensing challenges, financial disputes, and the
alleged misrepresentations made by the Defendant. The Court found this
evidence to be credible and sufficient to support the judgment.
....
The Court’s findings were supported by the testimony of the Plaintiffs
and the lack of evidence from the Defendant to counter critical claims.
Specifically:
The Plaintiffs presented evidence of significant property deficiencies,
including non-compliance with licensing requirements, HVAC and plumbing
issues, and mold and sanitation problems.
The Plaintiffs’ testimony demonstrated that the Defendant failed to
disclose the building’s non-compliance with health and safety standards.
The Defendant failed to provide adequate documentation, including
prior licenses for the grocery and deli operations, to rebut the Plaintiffs’ claims.
*
We review preserved arguments on questions of law de novo, giving no deference
to the circuit court. Muruaga-Atkins v. Foster, 2026 Ark. App. 336, 740 S.W.3d 277. There
8
are not many of those, but one hits. Mumtaz argues the circuit court erred by relying on
the implied warranty for a particular purpose under Ark. Code Ann. § 4-2-315 because the
transaction here was a lease of real property, and that is a provision of Article 2 of the
Uniform Commercial Code that applies to sales of goods. She’s right. The statute reads:
Where the seller at the time of contracting has reason to know any particular
purpose for which the goods are required and that the buyer is relying on the
seller’s skill or judgment to select or furnish suitable goods, there is unless
excluded or modified under the next section an implied warranty that the
goods shall be fit for such purpose.
Ark. Code Ann. § 4-2-315. A prerequisite for applying that provision is a “transaction in
goods.” Ark. Code Ann. § 4-2-102 (Repl. 2020). That line is not always cleanly drawn.
For example, is a contract to sell the components of an enormous electronic billboard and
assemble them into a fixture on the realty a sale of goods or a contract for services? It
depends. Church on the Rock - Texarkana v. Ace Signs of Ark., LLC, 2025 Ark. App. 35, 706
S.W.3d 734. But a key characteristic of “goods” under Article 2 is that they are movable
at the time of identification for sale. Id. The cooling and HVAC systems at issue here were
not. Not in the Article 2 sense, anyway, so it could not apply. 3
But the law is only half the appellate lift. Fraud liability can attach to representations
made to induce a party to enter a contract, Wal-Mart Stores, Inc. v. Coughlin, 369 Ark. 365,
3
Though the circuit court did not cite the statutory source for the implied warranty
of fitness for a particular purpose, it seems to have relied on the Article 2 statute discussed
above, which Lindsey cited in his complaint. Because we affirm the circuit court’s award
under the fraudulent-inducement theory, we need not and do not today decide whether it
could be affirmed under the similar UCC warranty for leases of goods—a nuanced issue
because the lease mentions the cooling system, and in Article 2A, “goods” includes “things
that are movable at the time of identification to the lease contract, or are fixtures.” Ark. Code
Ann. § 4-2A-103(h) (Repl. 2020) (emphasis added).
9
255 S.W.3d 424 (2007), including a lease agreement. Davis v. Falls, 172 Ark. 314, 288 S.W.
723 (1926). To prove fraud, Lindsey had to show (1) Mumtaz made a false representation
of material fact; (2) Mumtaz knew that the representation was false or that there was
insufficient evidence on which to make it; (3) Mumtaz intended to induce Lindsey’s action
or inaction in reliance on it; (4) Lindsey justifiably relied on the representation; and (5)
Lindsey was damaged as a result. Muccio v. Hunt, 2016 Ark. 178, 490 S.W.3d 310.
So we must also ask if the court’s findings of fact are clearly erroneous or clearly
against the preponderance of the evidence. Waddell v. Ferguson Home Builders, LLC, 2017
Ark. App. 66, 513 S.W.3d 271. With the standard of review in mind, we affirm the circuit
court’s finding that Mumtaz fraudulently induced Lindsey to enter the lease agreement with
assurances that she and Dean had operated it under permit as a grocery and deli just months
earlier and it could operate as one again.
Mumtaz’s arguments on the fraud point did not extend beyond caveat lessee. She did
not argue, for example, that any misrepresentations were of law, not fact, FMC Corp. v.
Helton, 360 Ark. 465, 202 S.W.3d 490 (2005); Adkins v. Hoskins, 176 Ark. 565, 3 S.W.2d
322 (1928), or were a projection of future events outside her control, Jenkins v. Mercy Hosp.
Rogers, 2021 Ark. 211, 633 S.W.3d 758. As for the provisions in the lease, “[t]he law of
fraudulent inducement is premised on the notion that a contract obtained by fraud cannot
be used to relieve the party obtaining the contract of liability for that fraud.” Welsher v.
Mercy Health Sys. of Nw. Ark., Inc., 2012 Ark. App. 394, at 2 (citing Allen v. Overturf, 234
Ark. 612, 353 S.W.2d 343 (1962)).
10
In one view this record could support, any misrepresentation Mumtaz or Dean made
about future permit approval was icing on a completed fraud cake. The circuit court could
have concluded that when they testified they had operated a grocery store and deli in this
Hermitage building with permits from the department of health, they were just lying. There
was no hard evidence otherwise. Why would Mumtaz tell the court she had the permits
and violation paperwork but then—despite three months to collect it—produce zilch?
Oops. The court specifically noted the absence of that paperwork when it denied rehearing:
Mumtaz had “failed to provide adequate documentation, including prior licenses for the
grocery and deli operations, to rebut the Plaintiffs’ claims.” Given Mumtaz’s own
acknowledgement that adequate cooling is indispensable to a grocery store or deli, a
representation that the building had recently been licensed as both would obviously be
material to a leasing decision by a would-be grocer and deli man who would need those
permits to open.
*
The bottom line is that the circuit court heard the testimony and assessed the
witnesses’ credibility along with the other evidence and decided the case. We cannot say
the circuit court erred in law or clearly erred in fact when it ultimately entered judgment
for Lindsey on the fraud theory.
Affirmed.
BARRETT, J., agrees.
BROWN, J., concurs.
11
WAYMOND M. BROWN, Judge, concurring. I agree with the majority that this
case should be affirmed. However, I would affirm without reaching the merits of appellant’s
arguments because appellant has failed to cure Arkansas Supreme Court Rule 4-2
deficiencies after being given the opportunity to do so.
We initially ordered rebriefing due to numerous deficiencies in appellant’s brief. 1
We noted in that opinion that the failure to file a complying brief within the prescribed
time may result in the judgment being affirmed or the appeal dismissed for noncompliance
with the rule. 2 Although some of the noted deficiencies were corrected, others were not.
For instance, the statement of the case was still only one page and failed to provide any
material factual or procedural information. 3 The standard of review was still noted under
the argument heading instead of being placed at the beginning of the discussion of each issue
as required. 4 Additionally, the brief failed to follow the uniform citation form as required
by Rule 4-2(a)(7). 5 Because appellate counsel failed to file a complying brief within the
prescribed time, I would affirm for noncompliance with the rule.
I respectfully concur.
F. Mattison Thomas III and Ryan Wolf, for appellant.
White Barton and Ben Barton, for appellees.
1
See Mf v. Lindsey, 2026 Ark. App. 214.
2
Id.
3
Ark. Sup. Ct. R. 4-2(a)(6) (2025).
4
Ark. Sup. Ct. R. 4-2(a)(7).
5
These were not the only deficiencies found in appellant’s brief.