Simms v. NPCK Enterprises, Inc.

*236Opinion

MORRISON, J.

Plaintiffs, Vicki Simms and Kenneth Simms, appeal from orders in which the trial court found they had waived the right to arbitrate their dispute over a commercial lease and that defendant NPCK Enterprises, Inc. (NPCK), was entitled to an injunction requiring plaintiffs to relinquish fixtures and equipment in which NPCK had a security interest.1 NPCK moves for sanctions for a frivolous appeal.

We reverse. Although plaintiffs filed suit for damages and sought a preliminary injunction, substantial evidence does not support a finding of waiver of arbitration as there is no…