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SFI Ltd. Partnership 8 v. Carroll

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Friday, November 8, 2013

S-13-0192, SFI LTD. Partnership 8 (Appellant) v. Michelle Carroll

Sarpy County, Judge William B. Zastera

Attorneys: Jeffrey A. Silver (Appellant) --- Todd R. McWha, Angela M. Franz (Waite McWha & Heng)

Civil: Contract/negligence

Proceedings below: The trial court found that Paragraph 17 of the Lease was “void for public policy and unconscionable” finding that Appellant could not require each tenant to insure its building. The court granted Carroll’s motion for summary judgment and dismissed the complaint. Appellant filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.

Issues: The district court erred in (1) sustaining Carroll’s motion for summary judgment; (2) finding Appellant’s action was barred by Tri-Par Investments LLC v. Sousa, 268 Neb. 119 (2004); (3) overruling Appellant’s motion for partial summary judgment.



This page was last modified on Friday, November 8, 2013