Parde v. Powers

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Parde v. Powers

Case Number
Call Date
May 25, 2022
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-21-0651 Verna Parde (Appellant) v. Robert Powers and Christina Powers, a married couple, and About Fence, a Nebraska Limited Liability Company

Appeal from the District Court for Douglas County, Judge J. Russell Derr

Attorneys: David D. Begley (Elder Law and Estate Planning for Appellant) and Tiffany E. Thompson (Thompson Law Firm for Appellant); Natalie M. Hein and Damien J. Wright (Welch Law Firm) for Appellee

Civil:  Land contract; foreclosure; accounting

Proceedings Below:  After Appellant sued for breach of contract, the district court sustained Appellee’s Motion for Summary Judgment. On its own motion, the Nebraska Supreme Court ordered that this case be removed from the docket of the Nebraska Court of Appeals and transferred this case to its docket.

Issues: In her assignment of errors, Appellant alleges that the district court erred in: 1) finding that an oral agreement to convey real estate is valid in Nebraska; 2) finding that a document which did not include a legal description or a street address was a sufficient writing for the conveyance of real estate; 3) holding that there was legal delivery of a deed executed by the owner of the real estate notwithstanding the fact that the owner never intended to deliver the deed unless she was paid in full for the real estate; 4) not finding that the owner recalled the deed and ordered that it not be recorded; 5) not foreclosing the land contract due to the buyer’s default in payment for the real estate; 6) finding that Powers, the buyer of the real estate, was more credible than Parde, the owner; and 7) not including the legal description of the real estate in the caption of its quiet title Order. 

Issues on Cross-Appeal: Appellees alleges the district court erred in finding that Appellant paid back to Appellee $11,200 of the $20,000 down payment and that Appellant kept only $8,800.

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