McGill Restoration v. Lion Place Condominium Association

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McGill Restoration v. Lion Place Condominium Association

Case Number
Call Date
February 28, 2017
Court Number
Case Summary

S-16-0325, McGill Restoration, Inc. v. Lion Place Condominium Association, et al. (Appellant)

Douglas County, Judge Peter C. Bataillon

Attorneys: Benjamin E. Maxell (Katskee, Suing & Maxell, PC, LLO) ' Jodie Haferbier McGill (McGill Law, P.C., L.L.O.)

Civil: Breach of contract

Proceedings Below: Following a bench trial, the district court entered judgment in favor of McGill and awarded prejudgment interest. It later determined that Lion Place's expert did not possess a legitimate basis to serve as an expert and because Lion Place proceeded to trial without a legitimate expert witness, the proceedings were frivolous. The court ordered Lion Place to pay attorney fees of $5,920.

Issues: Lion Place failed to assign any error. It argued that the court erred in (1) failing to disqualify McGill's legal counsel from representing McGill at trial, (2) finding that admissions made by McGill's representative were inadmissible at trial as negotiations in furtherance of settlement, (3) determining that Lion Place waived its right to a jury trial, (4) finding that a binding oral contract existed, (5) finding that McGill performed it obligations under the contract, (6) finding Michael Henery did not qualify as an expert, and (7) awarding attorney fees