S-16-0623, John D. Walters (Appellant) v. Melanie Griffith Sporer and Jay A. Sporer, Trustees of the Revocable Inter Vivos Trust of Melanie Griffith Dated December 5, 2000; and Douglas M. Lau and Debra L. Lau, husband and wife.
Hitchcock County, Judge David W. Urbom
Attorneys: George G. Vinton — John D. Stalnaker (Stalnaker, Becker & Buresh, P.C.) (for Sporers) and Randy C. Fair (Dudden & Fair, PC, LLO) (for Laus)
Civil: Right of first refusal
Proceedings Below: Court granted Sporers’ and Laus’ motions for summary judgment and denied Walters’ motion for summary judgment.
Issues: Walters alleges the court erred in (1) not holding that the right of first refusal was a contract right, (2) holding that the right of first refusal was void under the statute of frauds, (3) applying the statute of frauds when it was not pled as an affirmative defense, (4) holding that the right of first refusal was not a reservation, and (5) granting summary judgment when genuine issues of material fact existed regarding affirmative defenses.