First National Bank North Platte v. Cardenas

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First National Bank North Platte v. Cardenas

Case Number
S-17-0360
Call Date
February 6, 2018
Case Time
9:00 AM
Court Number
Lincoln
Case Location
Lincoln
Case Summary

S-17-0360 First National Bank of North Platte v. Jose A. Cardenas and Christina Cardenas, Husband and Wife, and Joya de Andalucia Farms, L.L.C., a Nebraska Limited Liability Company (Appellant)

District Court of Lincoln County, Hon. Donald E. Rowlands

Attorneys: Luke T. Deaver, DeWald Deaver, P.C., L.L.O. Holdrege, Nebraska (Appellant); David W. Peterson, Pederson & Troshynski North Platte, Nebraska

Civil: Deficiency Action

Proceedings Below: The jury returned a verdict for First National Bank of North Platte (FNB) on the breach of contract claim in the amount of $171,162.66 and for FNB on the Cardenas’ counterclaim for breach of contract.  

Issues: The Cardenas’ assign, restated, that the district court erred in (1) awarding an excessive verdict for FNB; (2) failing to instruct the jury on FNB’s duty to comply with the Farm Mediation Act under Neb. Rev. Stat. § 2-4807 et seq.; (3) failing to instruct the jury on FNB’s failure to comply with Neb. Rev. Stat. § 76-1012 and the terms under the Deed of Trust by denying the Cardenas their right to cure the defaults; (4) failing to instruct the jury to determine whether FNB bid the fair market value of each of the properties as both of the foreclosure sales as required under Neb. Rev. Stat. § 76-1013.

Schedule Code
SC