Variety case heads to appeals court next

Jul. 03, 2013 @ 05:53 PM

A Vance County Superior Court judge ordered Ark Royal Capital, LLC, of Houston to front an additional check for $298,090 to cover bond while an appeal against the civil award won by Variety Wholesalers in May proceeds over the next year.

With that posting, the case is officially under appeal, and the claim by Henderson-based Variety, parent company to Roses, Maxway, Super 10 and other store chains, now totals $1,257,010.

The case now proceeds to the N.C. Court of Appeals.

The Vance County Superior Court Clerks Office confirmed this week that a hearing scheduled for Monday was waived. Judge Elaine Bushfan’s orders have been followed by both sides in the case.

Bushfan ordered a stay of execution against paying Variety any of the $958,920 on account with the court clerk. She also ordered the account to be paid up on additional claims that include interest accruing from a jury’s April 25 decision to award $887,889.37 to Variety as recovery from Ark Royal.

Variety’s corporate attorneys described the funds sought as misplaced by acts of embezzlement, fraud and unfair trade practices by a now bankrupt contractor company that utilized Ark Royal as a finance partner.

The complex case involved the N.C. Supreme Court and the Court of Appeals in rulings on whether to connect Ark Royal as an included defendant to the original Jan. 6, 2009, case against Salem Logistics Traffic Services, LLC, of Winston-Salem.

The Superior Court clerk for the case, Rita Gupton, confirmed that bond amounts have been secured for the case, and the large check is likely to be hand delivered by courier to complete the transaction.

Contact the writer at mfisher@hendersondispatch.com.