Mai v. German

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Mai v. German

Case Number
Call Date
September 26, 2022
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-22-0017, John Mai and MM NE, LLC (Appellants) v. Janice German and Dawes County Abstract & Title, Inc. (Appellees)

Appeal from the District Court for Dawes County, Judge Travis P. O’Gorman

Attorneys:  Victor E. Covalt, III and G. Stephen Long(pro hac vice) (Covalt Law Firm for Appellants); Amy L. Patras (Crites Shaffer Connealy Watson Patras & Watson for Appellees); and Michael D. Matejka and Erin E. Rolf (Woods Aitken Amicus Curiae Brief for Nebraska Land Title Association). 

Civil:  Property, Easement, Title Insurance, Negligence, Fraudulent Misrepresentation, Statute of Limitations, and Summary Judgment

Proceedings below:  Appellees filed a Motion for Summary Judgment, which was sustained by the district court and Appellants’ Amended Complaint was dismissed with prejudice.  Appellants filed a Petition to Bypass the Nebraska Court of Appeals, which was sustained, and the Nebraska Supreme Court ordered that this case be transferred to its docket.      

Issues:  On appeal, Appellants allege the following assignments of error:  1) The District Court erred in granting Summary Judgment as a matter of law and of fact by holding the professional statute of limitations applies to Appellees and the claims set forth in the Amended Complaint; 2) The District Court erred in finding that both Claims were governed by the statute of limitations for professional negligence and were not, instead, governed by Neb. Rev. Stat. §25-207; and 3) The District Court erred in failing to find that this lawsuit was timely filed.

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