Schmid v. Simmons

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Schmid v. Simmons

Additional Case Names

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Case Number
Call Date
August 31, 2021
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-20-0524 Lanny Schmid (Appellee) v. Lee Simmons, Niobrara River Ranch, LLC (Appellants) & MAR14, LLC, Thomas Masters (Appellees-Cross-Appellants)

Cherry County District Court, Hon. Mark Kozisek

Attorneys: Bartholomew L. McLeay, Dwyer Arce (Kutak Rock, LLP, for Appellants); Eric A. Scott (Attorney for Appellee, MAR14, LLC); Michael C. Cox, John V. Matson, Cassandra M. Langstaff (Koley Jessen, PC, LLO, for Appellee, Lanny Schmid)

Civil: Real property; Breach of contract; Estoppel; Right to jury trial

Proceedings Below: The district court issued a judgment dated May 27, 2020 after a four-day bench trial. The district court entered judgment quieting title to Parcel 2-12 in Appellants’ favor. The district court also found that Appellee, Lanny Schmid did not invest in MAR14, denying his claims for accounting and judicial dissolution. The district court found against the Appellants on the legal cause of action following the bench trial, after refusing Appellant, Lee Simmons’ requests for a jury trial, finding the evidence showed that Appellee Schmid and Appellant did nto have a contract or a partnership. The district court later denied a motion by Appellee, MAR14, to alter or amend the judgment in a final order filed on June 26, 2020.

Issue on Appeal: Whether the district court erred in striking Appellants’ demand for a jury trial and failing to allow Appellants’ legal cause of action for breach of contract and estoppel to be decided by jury.

Issues on Cross-Appeal: Appellee, MAR14, LLC, joins Appellants’ in seeking reversal of the district court’s order and asserts the following assignments of error: whether the district court erred in 1) failing to rule on Appellee, Lanny Schmid’s, status in MAR14 and order his dissociation; and 2) denying MAR14 LLC’s motion to cancel the lis pendens filed on MAR14 LLC property.

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