S-16-1005, Hand Cut Steaks Acquisitions, Inc. (Appellant) v. Lone Star Steakhouse & Saloon of Nebraska, Inc. and LSF5 Cactus LLC
District Court of Douglas County, Hon. Leigh Ann Retelsdorf
Attorneys: Appellant Hand Cut Steaks Acquisitions, Inc: David L. Welch, Jeffrey A. Nix (Pansing Hogan Ernst & Bachman LLP); Appellee/Cross-Appellant: Michael S. Degan (Kutak Rock)
Civil: Commercial Real Estate Lease; breach; damages
Proceedings Below: The district court found Lone Star breached the lease and awarded a monetary judgment in favor of the Appellant in the amount of $49,415.27. The court found LSF5 Cactus, LLC should be dismissed as there was no personal jurisdiction. Appellant’s motion for attorney fees was overruled.
Issues: 1. The district court erred by denying the Appellant’s motion for new trial, by granting insufficient damages. 2. The district court erred by dismissing LSF5 Cactus LLC for lack of personal jurisdiction. 3. The district court erred by denying the Appellant’s motion for attorney fees.
Cross-appeal by the appellee/cross-appellant: 1. The District Court erred by failing to find that the Appellant accepted Lone Star’s surrender of its tenancy, thereby terminating the lease. 2. Alternatively, the District Court erred by failing to find that the Appellant failed to mitigate damages, thereby excusing Lone Star’s obligations under the lease. 3. The District Court erred by finding that Lone Star breached the lease. 4. The District Court erred by awarding damages to the Appellant. 5. The District Court erred by failing to enter judgment in favor of Lone Star.