Muller v. Weeder

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Muller v. Weeder

Case Number
A-17-0803
Court Number
Boyd
Call Date
November 8, 2018
Case Time
9:00 AM
Case Summary

A-17-803, Muller v. Weeder (Appellant)

 Boyd County, District Court Judge Mark Kozisek

Attorney for Appellant:  Lyle J. Koenig (Koenig Law Firm)

Attorney for Appellee:  Ryan D. Cwach (Birmingham & Cwach Law Offices, PLLC)

Civil Action:  Fence Dispute

Action Taken by Trial Court:  The district court affirmed the county court’s judgment in favor of the appellee in the amount of $4,998.30 for the reasonable cost for removing and replacing appellant’s portion of a shared fence. Pursuant to appellee’s cross-appeal, the district court found that the county court erred in failing to award the appellee an additional $1,417.50 for the cost of clearing trees out of the appellant’s portion of the fence line.

Assignments of Error on Appeal:  On appeal, the appellant contends that the district court erred in affirming the county court’s order on the basis that the county court erred (1) in failing to find that the appellee committed spoliation; (2) in finding that the fence, as repaired by the appellant, did not meet the requirements of the mediation agreement and state statutes; and (3) the fencing contractor’s charges were reasonable. The appellant also contends that the district court erred in holding that the county court erred in failing to award the appellee the cost of additional tree and brush removal. Finally, he contends that the district court erred in failing to review his “as applied” constitutional challenge under the plain error doctrine.

Case Location
Kearney
Court Type
District Court
Schedule Code
A2
Panel Text
Moore, Chief Judge, Riedmann and Welch, Judges