Slama v. Slama

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Slama v. Slama

Case Number
S-22-0122
Call Date
November 4, 2022
Case Time
9:00 AM
Court Number
Wayne
Case Location
Lincoln
Court Type
District Court
Case Summary

S-22-0122 Jo Lynn Slama (Appellee) v. John M. Sandahl (Appellant), Ken Michael Slama, Norman L. Slama, II, Jason T. Slama, et. al. (Appellees),

Appeal from the District Court for Wayne County, Judge James G. Kube

Attorneys: David C. Briese (Crary Huff Ringgenberg Hartnett & Storm for Appellant), Andrew Weeks and J. Michael Hannon (Baylor Evnen for Appellee Jo Lynn Slama), Mark D. Fitzgerald (Fitzgerald, Vetter, Temple, Bartell & Henderson for Appellee Ken Michael Slama), Keenan Holloway (Monson & Holloway Law Offices for Appellee Norman L. Slama, II). 

Civil: Real Estate, Purchase Agreement, and Right of First Refusal. 

Proceedings Below: The District Court for Wayne County overruled Appellant’s Motion for Summary Judgement and sustained the Motion for Summary Judgment filed by Ken Michael Slama.  On appeal and 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 to its docket. 

Issues: On appeal, Appellant makes the following assignments of error:  1) The District Court erred by determining that the Notice of Right of First Refusal was defective; 2) The District Court erred by rewriting the Real Estate Agreement entered into by the Slama siblings; 3) The District Court erred by not entering summary judgment in favor of John Sandahl; 4) The District Court erred by determining there were no genuine issues of material fact with respect to Jo and Ken’s purported lack of knowledge about the lease agreement; 5) The District Court erred by entering summary judgment in favor of Jo Slama and Ken Slama; 6) The District Court erred by not strictly construing the option; 7) The District Court erred by extending the option beyond its express provisions; 8) The District Court erred by not requiring the holders of the option to conform with the specified manner of acceptance; 9) The District Court erred by adding to or altering the terms of the option; and 10) The District Court erred by not finding Jo Slama and Ken Slama had a duty to investigate John Sandahl’s offer or the terms of John Sandahl’s purchase agreement under the Real Estate Agreement.

Schedule Code
SC