A-20-564, Ollis (Cross-Appellant) v. Ambassador Real Estate (Appellant)
Douglas County, District Court Judge James T. Gleason
Attorney for Appellant/Cross-Appellee: Douglas W. Ruge
Attorney for Appellee/Cross-Appellant: Kristopher J. Covi (McGrath, North, Mullin & Kratz, PC LLO)
Civil Action: Breach of Contract
Action Taken by Trial Court: The district court granted summary judgment in favor of Ollis against Ambassador Real Estate and awarded judgment to Ollis in the amount of $11,880 which represented Ollis’ commissions which had been improperly withheld.
Assignments of Error on Appeal: Ambassador Real Estate contends that the district court erred in: (1) finding that Ollis was entitled to $11,880 in commissions withheld by Ambassador after Ollis terminated his contract and failing to find that Ollis breached his contract; and (2) finding that Ambassador’s contract superseded the CBSHOME Independent Contractor Agreement and that, by implication, there was no right to set off commission for fees owed to the brokerage or the right to charge 30 percent of those commissions for fees in closing Ollis’ pending business and failing to award Ambassador $3,960 for its costs in closing Ollis’ pending business. Ollis has cross-appealed and contends that the district court erred in: (1) not awarding him an additional $1,900 for a “Marketing and Technology” fee withheld by Ambassador and (2) not awarding prejudgment interest.