S-20-0871 Joseph J. Buttercase (Appellant) v. James Martin Davis and Davis Law Office, Revived in the names of the Representatives and Successor of the Estate of James Martin Davis (Appellee)
Appeal from the District Court for Lancaster County, Judge Darla S. Ideus
Attorneys: Darik Von Loh (Hernandez Frantz, Von Loh for Appellant) and Nicholas F. Miller (Baird Holm, LLP for Appellee).
Civil: Breach of Contract; Breach of Fiduciary Duties; Intentional and Negligent Misrepresentation; Intentional and Negligent Emotional Distress; and Summary Judgment
Proceedings below: Appellant filed a Third Amended Complaint against Appellee for breach of contract, breach of fiduciary duties, intentional and negligent misrepresentation, and intentional and negligent infliction of emotional distress. After Appellee filed a Motion for Summary Judgment, the district court sustained Appellee’s Motion for Summary Judgment. 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 its docket.
Issues: On appeal, Appellant makes the following assignments of error: 1) The district court erred by denying Appellant’s motions for default judgment and motions to strike; 2) The district court erred by denying Appellant’s motion to stay; 3) The district court erred by denying Appellant’s amended motion for partial summary judgment; 4) The district court erred by granting Appellee’s amended motion for summary judgment; 5) The district court erred by sustaining Appellee’s objection to admissible Exhibit 14; 6) The district court erred by overruling Appellant's objections to inadmissible Exhibits 22-30; and 7) The district court erred by denying Appellant’s motion to recuse.