S & R American Farms, LLC v. Russell

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S & R American Farms, LLC v. Russell

Case Number
A-15-0998
Call Date
November 9, 2016
Case Time
1:00 PM
Case Summary

A-15-0998, S & R American Farms, LLC v. Russell Farm and Ranch Corp. (Appellant)

Custer County, District Court Judge Karin L. Noakes

Attorney for Appellant: Patrick J. Nelson (Law Office of Patrick J. Nelson, LLC)

Attorney for Appellee: Arend R. Baack (Leininger, Smith, Johnson, Baack, Placzek & Allen)

Civil Action: Quiet title and boundary determination

Action Taken by Trial Court: The district court entered summary judgment in favor of S & R American Farms and against Russell Farm and Ranch Corp.

Assignments of Error on Appeal: On appeal, Russell Farm and Ranch Corp assigns that the district court erred in: (1) denying its motion to compel S & R to respond to interrogatories relating to communications between S & R and its surveyor expert witness; (2) denying its motion to compel S & R to respond to a document production request relating to communications between S & R and its surveyor expert witness; (3) denying its motion seeking authorization to serve a Rule 6-334(A) subpoena upon S & R's surveyor expert witness for documents relating to communications between S & R and its surveyor expert witness; (4) denying its motion seeking authorization to serve Rule 6-334(A) subpoena upon the employer of S & R's surveyor expert witness for documents relating to communications between S & R and its surveyor expert witness; (5) sustaining S & R's motion for protective order regarding Russell's discovery requests concerning documents relating to communications between S & R and its surveyor expert witness; (6) denying its foundation evidentiary objection to the last sentence of an exhibit; (7) denying its speculation and conjecture objection to an exhibit; (8) determining there were no issues of material fact and that S & R was entitled to judgment as a matter of law; and (9) granting summary judgment in favor of S & R and establishing the north boundary of land claimed to be owned by S & R as depicted in the survey document attached to the court's final judgment.

Case Location
Broken Bow
Panel Text
Moore, Chief Judge, Riedmann and Bishop, Judges