S-18 0287 Denali Real Estate v. Denali Custom Builders (Appellant)
Lancaster County, Judge Robert R. Otte
Attorneys: Matt Catlett (Law Office of Matt Catlett) (Appellant)
Joseph C. Byam (Byam & Hoarty)
Civil: Trade Name, Deceptive Trade Practices, Interference with Business Relationships
Proceedings below: Denali Real Estate LLC filed suit against Denali Custom Builders Inc. for damages and injunctive relief in district court. The district court entered a judgment in favor of Denali Real Estate, finding that Denali Custom Builders misused Denali Real Estate’s trade name, engaged in deceptive trade practices, and interfered with Denali Real Estate’s business relationships. Denali Custom Builders appeals.
Issues: The district court erred in: (1) denying Appellant’s motion to dismiss, motion for judgment on the pleadings, 2) denying Appellant’s motion for directed verdict and ultimately finding for Denali Real Estate, 3) awarding statutory damages and attorney fees and enjoining the Appellant from using “Denali” in its business, 4) not awarding attorney fees to Appellant, 5) overruling Appellant’s relevancy objections, 6) receiving Exhibits 12-14, which contained hearsay, 7) admitting Exhibit 25 due to lack of foundation, 8) admitting Exhibits 21-24 because they contained hearsay, were unauthenticated, and lacked any foundation, 9) receiving Exhibit 27 because it was unauthenticated and there was no foundational basis for its receipt, 10) permitting Torpy to give opinion testimony because there was no foundational basis for such opinion, 11) receiving Exhibit 28 because it contained inadmissible hearsay, 12) receiving Exhibit 29 because it contained inadmissible hearsay, 13) receiving Exhibit 30 because it contained inadmissible hearsay, 14) permitting Torpy to give answer the question what he was (asking the court to do today” and “why” he was asking for it, 15) overruling the various form and foundation objections made during the examination of Dohse, 16) overruling the various hearsay, form, and foundation objection made during the examination of Evans, and 17) permitting Watton to testify and in overruling the various objections made during his examination.