A-13-0429, Adams (Appellant) v. Manchester Park, L.L.C.
Douglas County, District Judge J. Michael Coffey
Attorney for Appellant: James A. Adams (Law Offices of James A. Adams)
Attorney for Appellees: Larry E. Welch, Sr. (Welch Law Firm); David J. Substad and Patrick S. Cooper (Fraser Stryker)
Civil Action: Real Property; Contract
Action Taken by Trial Court: The trial court granted the appellees’, Manchester Park, L.L.C. and Southfork Homes, Inc., motions for summary judgment, determining that James A. Adams’ claims were barred by the statute of limitations. The court further denied Adams’ motion for new trial and rehearing.
Assignments of Error on Appeal: The appellants assign that the trial court erred when it (1) granted the appellees’ motions for summary judgment, (2) by concluding that the Adams’ claims were barred by the statute of limitations, (3) by failing to determine that the doctrine of fraudulent concealment barred the appellees’ from alleging the statute of limitations defense, and (4) failing to determine the appellees had contractual obligation to ensure Lot 178 was buildable.