Midland Properties v. Wells Fargo, N.A.

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Midland Properties v. Wells Fargo, N.A.

Case Number
S-16-0260
Call Date
March 3, 2017
Court Number
Douglas
Case Summary

S-16-260, Midland Properties, LLC and Jerry Morgan (appellants) v. Wells Fargo, N.A. and HBI, LLC, and H&S Partnership, LLP (appellees)

District Court for Douglas County, Hon. Timothy P. Burns.

Attorneys: Douglas W. Ruge for appellants; Jennifer L. Andrews and Alison M. Gutierrez (Kutak Rock, LLP) for appellee Wells Fargo; Thomas J. Young and Lilly Richardson-Severn (General Counsel for H&S Partnership) for appellees HBI, LLC and H&S Partnership, LLP)

Civil: foreclosure; tortious interference with business relationship; quiet title

Proceedings below: Midland Properties, LLC and Jerry Morgan (the appellants) filed an action against Wells Fargo, N.A., HBI, LLC, and H&S Partnership, LLP, seeking declaratory relief and alleging tortious interference with business relationships, wrongful foreclosure, and quiet title. The district court for Douglas County granted Wells Fargo's motion for summary judgment.

Issue: The district court erred when it (1) determined there was insufficient evidence for purposes of summary judgment regarding whether there was a wrongful foreclosure, quiet title issue, or tortious interference with business relationship; (2) determined that Morgan's testimony lacked sufficient foundation; and (3) denied the appellants' motion to add Service Link as a defendant.