S-23-0879 Phillip Peterson and Jodi Peterson (Appellees) v Brandon Coverdell Construction, Inc. d/b/a 402 Roofing and Siding et al. (Appellants)
Appeal from the District Court for Douglas County, Judge Duane C. Dougherty on appeal therefrom the County Court for Douglas County, Judge Sheryl L. Lohaus
Attorneys: Natalie M. Hein (Welch Law Firm, P.C. for Appellant) and Kathleen M. Foster (Peterson and Foster Law for Appellees)
Civil: Breach of contract
Proceedings below: Appellees filed a lawsuit against Appellants that alleged Appellants improperly repaired their roof, and in an answer, Appellants raised affirmative defenses and a counterclaim. The county court found in favor of Appellants, but on appeal to the district court, it reversed. 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: Appellants make the following assignments of error: 1) The district court erred in granting the Appellees motion to continue appeal hearing the day before oral argument was scheduled; 2) The district court erred in allowing the Appellees, on the day before oral argument and after briefs had been submitted, additional time to seek leave of the trial court to amend the bill of exceptions; 3) Court reporting personnel erred in preparing and filing a supplemental bill of exceptions without leave of the county court; 4) The district court erred in reviewing and considering the supplemental bill of exceptions and failing to strike the supplemental bill of exceptions from the record; 5) The district court erred in finding that the county court committed plain error and in reversing the county court’s judgment in favor of Appellants; 6) The district court erred by raising an affirmative defense not pled, raised, or tried by the parties; 7) The district court erred in determining that the parties’ contract was unenforceable; and 8) The district court erred in failing to affirm the county court’s judgment.