S-22-0064 Core Bank v. Allied Construction Services, DNB Electrical Contracting, Inc., Kay Dee Company L.L.C., Krause Swaney, Inc., and Fred’s Heating & Air Conditioning, Inc. (Appellees) v. DEMU Properties, L.L.C. (Cross-Defendant and Appellant)
Appeal from the District Court for Douglas County, Judge Timothy P. Burns
Attorneys: Ryan M. Kunhart and John A. Svoboda (Dvorak Law Group, LLC for Appellant) and Patrick T. Vint (Woods Aitken, LLP for Appellees)
Civil: Declaratory judgement, Foreclosure Liens, Motion to Continue, and Motion for Summary Judgment
Proceedings below: The trial court overruled Appellant’s motion for continuance of the summary judgment hearing and sustained Appellee’s motion for summary judgment. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellant makes the following assignments of error: 1) The trial court erred in denying DEMU’s Motion for Continuance of the summary judgment hearing as DEMU provided by affidavit reasonable cause for the continuance; 2) The trial court erred in admitting live, oral testimony offered by the Construction Defendants at the hearing on the Motion for Summary Judgment, as the Construction Defendants failed to give any notice that they were going to offer affidavit or live testimony prior to the hearing; 3) The trial court erred in admitting live, oral testimony offered by the Construction Defendants at the hearing on the Motion for Summary Judgment, as live testimony cannot be received in support of a motion for summary judgment; and 4) The trial court erred in granting the Motion for Summary Judgment as there were genuine issues of disputed material fact precluding the issuance of summary judgment.