Lee v. Fletcher

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Lee v. Fletcher

Case Number
A-15-0168
Call Date
March 9, 2016
Case Time
9:00 AM
Case Summary

A-15-0168, Douglas S. Lee (Appellant) v. Twilea D. Fletcher (Appellee and Cross-Appellant)

Douglas County, District Court Judge James T. Gleason

Attorney for Appellant: Andrew J. Hilger (Law Office of Andrew J. Hilger)

Attorney for Appellee and Cross-Appellant: Steven G. Ranum, Scott D. Jochim (Croker, Huck, Kasher, DeWitt, Anderson & Gonderinger, L.L.C.)

Civil Action: Presumptive trust and unjust enrichment

Action Taken by Trial Court: The trial court denied Fletcher's motion for summary judgment. Lee moved to dismiss the case without prejudice and the trial court granted dismissal with prejudice as a sanction for Lee's noncompliance with the court's scheduling order. The court also awarded Fletcher attorney's fees after determining that Lee's suit was frivolous.

Assignments of Error on Appeal: On appeal, Lee argues that the district court erred (1) in refusing to allow him to dismiss his complaint without prejudice and instead dismissing his complaint with prejudice as a sanction and (2) in awarding attorney's fees to Fletcher on the basis that Lee's suit was frivolous. On cross-appeal, Fletcher argues that the trial court erred in denying her motion for summary judgment.

Case Location
Papillion
Panel Text
Moore, Chief Judge, Irwin, and Bishop, Judges