S-22-0047, 132 Ventures LLC (Appellee) v. Active Spine Physical Therapy, LLC, Nicholas Muchowicz, and Sara Muchowicz (Appellants)
Appeal from the District Court for Douglas County, Judge Timothy P. Burns
Attorneys: Frederick Stehlik and Zacahary Lutz-Preifert (Gross Welch Marks Clare for Appellants/Cross-Appellees) and Rubina Khaleel and Ashley Fischer-Foxall (Hennessy & Roach) and Aimee Cizek (McGill, Gotsdiner, Workman) for Appellee/Cross-Appellant.
Civil: breach of contract, personal guaranty; unjust enrichment
Proceedings below: After a bench trial, the district court found that Appellant, Active Spine, had breached its contract and that a breach of guaranty had been committed by Appellants, Nicholas Muchowicz and Sara Muchowicz. The court ordered damages in favor of Appellee in the amount of $158,368.73. On its own motion, the Nebraska Supreme Court ordered that this case be removed from the docket of the Nebraska Court of Appeals and transferred to the docket of the Nebraska Supreme Court.
Issues: On appeal, Appellants allege the following assignments of error: 1) The District Court erred in denying the parties a jury trial when requested; and 2) The District Court erred in its calculations of damages.
On cross-appeal, Appellee alleges the following assignments of error: 1) The District Court erred when it determined the Amended Lease applied for the purpose of calculating 132 Ventures’ damages; and 2) The District Court erred when it calculated 132 Ventures’ damages.