Justice Alexander Hunter Jr.
Schur Management moved to hold Banana Kelly Community Improvement (BKCI) in contempt for failing to comply with this court’s prior order, and staying the action until BKCI posted a required undertaking. The court previously granted BKCI’s preliminary injunction against Schur enjoining it from serving as property manager for BKCI’s properties, among other things. The order also required BKCI to post an undertaking, which it failed to do, subsequently informing the court it would not. BKCI argued it was not in contempt as its failure to post an undertaking was a "mere irregularity" which rendered the preliminary injunction voidable until the undertaking was provided or the injunction vacated. The court found Schur met its burden of establishing the BKCI disobeyed this court’s clear mandate, of which it was aware, and the disobedience prejudiced Schur’s rights. It ruled BKCI failed to contradict any of Schur’s allegations, and only argued the failure to post an undertaking could not constitute contempt. Thus, as the required undertaking was never posted, the action was stayed pending resolution of the undertaking issue.
