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Braunger Foods, LLC v. Sears (PFR)

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Thursday, May 2, 2013

S-11-1109, Braunger Foods, LLC f/n/a TOBA of Iowa, LLC d/b/a Braunger Foods (Appellant) v. Michael K. Sears and Hungry’s North, Inc.

Dakota County, Judge Paul J. Vaughan

Attorneys: Anthony L. Osborn, Jeana L. Goosmann (Appellant) --- Pro Se Appellee

Civil: Enforcement of personal guaranty

Proceedings below: The lower court awarded a total judgment in the amount of $82,307.26 plus post-judgment interest in favor of Appellant. However, it declined to enforce the guaranty aginst Sears. The Court of Appeals affirmed. See Braungers Foods, LLC v. Sears, 20 Neb. App. 428 (2012). Appellant filed a Petition for Further Review which was granted by the Nebraska Supreme Court.

Issues on Review: The Court of Appeals erred in concluding that the personal guaranty is not enforceable against Appellee Sears as determined in Braungers Foods, LLC v. Sears, 20 Neb. App. 428 (2012).

This page was last modified on Thursday, May 2, 2013