S-25-0124 Jane E. Morris and Steven L. Morris (Appellants) v. Karen E. Dall, Individually and as Successor Trustee of the Schindler Family Trust (Appellee)
Appeal from the District Court for Douglas County, Judge Katie L. Benson
Attorneys: Nicholas F. Sullivan, Ellen P. Prochaska, and Christian D. Rush (Dvorak Law Group, LLC for Appellants) and Jerome J. Ortman (Attorney for Appellee)
Civil: Breach of warranty deed and failure to defend
Proceedings below: Appellants sued Appellee for breaching a warranty deed and alleged that Appellee failed to defend them in an adverse possession claim. The district court determined that Appellants did not have a claim for breach of the warranty deed against Appellee because they successfully defended the adverse action claim. On its own motion, the Nebraska Supreme Court ordered this case to be transferred from the docket of the Nebraska Court of Appeals to its docket.
Issues: Appellants assign the following errors: 1) The district court erred in finding that Appellee did not have a duty to defend Appellants against the adverse possession action pursuant to the warranty deed; 2) The district court erred in finding that Appellee did not breach the warranty deed by failing to defend the Appellants against the adverse possession action; and 3) The district court erred in failing to find Karen E. Dall personally liable for Appellants’ damages.