S-12-1007, Reid Beveridge (Appellant) v. John and Jill Savage (Appellee)
Cass County District Court, Judge Randall L. Rehmeier
Attorneys: Christopher A. Sievers and Joseph F. Gross, (Timmermier, Gross & Prentiss) (Appellant); T. Cody Farrens and Douglas Phillips (Klass Law Firm, L.L.P.)
Civil: Landlord/tenant; Appeal from grant of summary judgment in favor of Appellees
Proceedings below: After a hearing, the district court determined that summary judgment in favor of Appellees was proper and granted their motion. The court overruled and denied Appellant’s cross motion for summary judgment.
Issues: Appellant argues the district court erred by (1) looking outside the record for evidence introduced by the parties, (2) considering an unrelated standard form lease which did not include a separate coverage requirement, specific negligence language, or actual notice, to be legally analogous to the lease actually signed by the parties, and (3) finding there was no right of subrogation.