Murante v. Murante

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Murante v. Murante

Case Number
A-19-0362
Court Number
Douglas
Call Date
February 11, 2020
Case Time
1:00 PM
Case Summary

A-19-362, Murante v. Murante

Douglas County District Court, Judge Timothy P. Burns

Attorney for Appellant: Matthew V. Rusch (Erickson | Sederstrom, P.C.)

Attorneys for Appellee: Brian J. Brislen, Michael L. Storey, and Patrick D. Wier (Lamson, Dugan & Murray, LLP)

Civil Action: Breach of Promissory Note; Summary Judgment

Action Taken by Trial Court: In 2017, John Murante sued his brother Sam Murante, Sr. and Property Ventures, LLC (Property Ventures), asserting he had not received any payments due and owing on a promissory note. John asked for judgment of the amount due, given the alleged default on the note and unjust enrichment at his cost. Property Ventures later filed for bankruptcy; the matter proceeded against only Sam. John and Sam filed cross-motions for summary judgment.

Evidence submitted included a 2006 promissory note signed by Sam (individually and as managing member of Property Ventures) promising to pay John $101,768.12 plus interest by June 2010; Sam later handwrote on the note agreeing to pay John back by the end of 2013. In August 2013, Sam presented John with a signed affidavit, affirming the obligation under the note. During a hearing, John’s counsel argued that the debt at issue regarded John’s 2002 investment of funds to Property Ventures in exchange for a percentage of ownership in the company’s South Omaha City Hall building project. But Sam’s counsel argued that a 2015 settlement agreement between John and Sam’s former wife released Sam’s obligation under the note. John’s motion for summary judgment was granted and judgment was entered in his favor. Sam appeals.

Assignments of Error: Sam assigns that the trial court (1) erred by granting John’s motion for summary judgment and (2) failed to address John’s unjust enrichment claim against Sam.

Case Location
Lincoln
Court Type
District Court
Schedule Code
A2
Panel Text
Pirtle, Riedmann, and Bishop, Judges