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Bott v. Holman

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Wednesday, May 14, 2014

A-13-0301, Jeff Bott and Victoria Bott, husband and wife (Appellants) v. Thomas L. Holman and Sharon A. Holman, husband and wife

Scotts Bluff County, District Court Judge Leo Dobrovolny

Attorney for Appellant:  Maren Lynn Chaloupka (Chaloupka Holyoke Snyder Chaloupka Longoria & Kishiyama)

Attorney for Appellee:  Paul W. Snyder (Smith, Snyder & Petitt)

Civil Action: Rescission of real estate contract based on fraudulent misrepresentation and fraudulent concealment

Action Taken by Trial Court:  Following a bench trial, the trial court found insufficient evidence to prove the elements of fraudulent misrepresentation or fraudulent concealment, and found in favor of the defendants. 

Assignments of Error on Appeal:  The appellants assign that the district court erred in (1) confusing a sellers property condition disclosure statement with a contract, (2) failing to find that the evidence established fraudulent concealment, and (3) failing to find that the evidence established fraudulent misrepresentation. 

This page was last modified on Wednesday, October 15, 2014