S-17-0485 Millard Gutter Company (Appellant) v. American Family Insurance Company
Douglas County District Court, Judge Horacio Wheelock
Attorneys: Theodore R. Boecker, Jr. (Boecker Law Firm) — Joel D. Nelson (Keating O’Gara Law Firm) and Marvin L. Anderson (Bradley Elsbernd Law Firm)
Civil: breach of contract; unfair trade practices; unfair claims settlement practice
Proceedings Below: The district court entered an order dismissing one of Millard Gutter Company’s claims without prejudice pursuant to Neb. Rev. Stat. § 25-601 with additional instructions and costs ordered.
Issues: Whether the district court erred in (1) having further proceedings and in making further rulings subsequent to the voluntary dismissal of the case by the plaintiff/appellant, (2) assessing costs against appellant, (3) determining allowable costs, and (4) failing to grant appellant’s motion to alter or amend the order dismissing its claims.