Supreme Court of Arkansas
Optical Partners, Inc., D/b/a Pearle Vision v. Kevin Dang D/b/a Dang Eye Care & Associates, P.a.
April 14, 20112011 Ark. LEXIS 142
Summary
The court affirmed the circuit court’s determination that the lease’s noncompete covenant was unenforceable because the parties operated complementary, independent businesses and the lessor lacked a legitimate business interest to protect. It also affirmed the award of unpaid and underpaid rent and lost profits, concluding that the damages period properly ran through thirty days after the required written termination notice. The court held that the circuit court did not clearly err in calculating the lost-profit damages.