S-24-0607 D&M Roofing and Siding, Inc. (Appellant) v. Distribution, Inc. (Appellee)
Appeal from the District Court for Lancaster County, Judge Lori A. Maret
Attorneys: Gretchen L. McGill, Tiffany S. Beerman, and Christian D. Rush (Dvorak Law Group, LLC for Appellant) and Adam J. Prochaska and Sheila A. Bentzen (Rembolt Ludtke LLP for Appellee)
Civil: Breach of contract and unjust enrichment
Proceedings Below: Appellant sued Appellee for breach of contract and unjust enrichment, and the parties filed cross motions for summary judgment. The district court granted Appellee’s motion, in part, and on appeal, the Nebraska Supreme Court determined that a final order was not issued and dismissed the appeal in D&M Roofing and Siding, Inc. v. Distribution, Inc., 316 Neb. 952, 7 N.W.3d 868 (2024). On remand, the district court dismissed the lawsuit. 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 assigns the following errors: 1) The district court erred in finding that Appellant was not entitled to damages under the cancellation fee provision; 2) The district court erred by holding that Appellant could only recover the damages set forth in the cancellation fee provision; 3) The district court erred by finding that the first order was a final dispositive order and that Appellant’s second motion was an improperly pled motion to reconsider; 4) The district court erred in holding that Appellant’s election of remedy in its first motion was a judicial admission, and that Appellant was therefore bound to such judicial admission in its second motion; and 5) The district court erred in holding that there is no recourse against a party that breached an enforceable contract.