Hutchison v. Kula

Printer-friendly versionPrinter-friendly versionPDF versionPDF version

Hutchison v. Kula

Case Number
A-17-1275
Court Number
Sarpy
Call Date
November 7, 2018
Case Time
9:30 AM
Case Summary

A-17-1275, Hutchison v. Kula

Sarpy County District Court, Judge Stefanie Martinez

Attorney for Appellant: Blake E. Johnson (Bruning Law Group)

Attorney for Appellee/Cross-Appellant: Douglas W. Ruge, II

Civil Action: Real Estate; Seller Property Condition Disclosure Statement

Action Taken by the Trial Court: Mark and Renie Kula (Kulas) sold their Bellevue home to Charles and Melissa Hutchison (Hutchisons). Thereafter, the Hutchisons sued the Kulas and generally alleged that the Kulas made false statements on their real estate disclosure statement and thereby engaged in (1) fraud/material misrepresentation and violation of Neb. Rev. Stat. § 76-2,120 (Cum. Supp. 2016), (2) fraudulent concealment, and (3) negligent misrepresentation. Following a bench trial, the trial court found the Kulas liable and awarded the Hutchisons a judgment of $16,774 plus costs and attorney fees of $10,000.

Assignments of Error on Appeal: Did the trial court err in determining the evidence was sufficient to hold the Kulas liable for (1) violating § 76-2,120, (2) fraudulent misrepresentation, (3) fraudulent concealment, and (4) negligent misrepresentation?

Assignment of Error on Cross-Appeal: The Hutchisons claim the trial court “committed error in not awarding all of the [Hutchisons’] reasonable attorney fees.”

Case Location
Papillion
Court Type
District Court
Schedule Code
A1
Panel Text
Pirtle, Bishop, and Arterburn, Judges