S-11-1109, Braunger Foods, LLC f/n/a TOBA of Iowa, LLC d/b/a Braunger Foods (Appellant) v. Michael K. Sears and Hungry’s North, Inc.
Dakota County, Judge Paul J. Vaughan
Attorneys: Anthony L. Osborn, Jeana L. Goosmann (Appellant) --- Pro Se Appellee
Civil: Enforcement of personal guaranty
Proceedings below: The lower court awarded a total judgment in the amount of $82,307.26 plus post-judgment interest in favor of Appellant. However, it declined to enforce the guaranty aginst Sears. The Court of Appeals affirmed. See Braungers Foods, LLC v. Sears, 20 Neb. App. 428 (2012). Appellant filed a Petition for Further Review which was granted by the Nebraska Supreme Court.
Issues on Review: The Court of Appeals erred in concluding that the personal guaranty is not enforceable against Appellee Sears as determined in Braungers Foods, LLC v. Sears, 20 Neb. App. 428 (2012).