S-23-0516 D&M Roofing and Siding, Inc. (Appellant) v. Distribution, Inc. (Appellee)
Appeal from the District Court for Lancaster County, Judge Lori A. Maret
Attorneys: Gretchen L. McGill and Tiffany S. Beerman (Dvorak Law Group, LLC for Appellant) and Adam J. Prochaska & Sheila A. Bentzen (Rembolt Ludtke LLP for Appellee)
Civil: Breach of contract
Proceedings Below: On cross motions for summary judgment, the district court overruled Appellant’s Motion for Summary Judgment and sustained Appellee’s Motion for Summary Judgment. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellant makes the following assignments of error: 1) The district court erred in holding that the first order was a dispositive final order and Appellant’s Second Motion for Summary Judgment was a motion to reconsider; 2) The district court erred in failing to address the common law damages for breach of contract; 3) The district court erred by holding that Appellant was bound to undisputed facts in the first Motions for Summary Judgment; and 4) The district court erred in holding that there is no recourse against a party that breached an enforceable contract.