S-23-0357 Saint James Apartment Partners LLC; Central States Development, LLC; and John C. Foley (Appellants) v. Universal Surety Company (Appellee)
Appeal from District Court for Douglas County, Judge Katie L. Benson
Attorneys: Theodore R. Boecker (Boecker Law, P.C., L.L.O. for Appellants) and Shannon L. Doering and Luke F. Vavricek (Doering Vavricek Law Firm for Appellee)
Civil: Notary Bond Negligence
Proceedings below: Appellants filed a complaint alleging that Appellee was liable for the notary public’s breach of his statutory duties and his negligence, but the district court dismissed the action without prejudice. 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 assignment of error: 1) The district court erred in sustaining the Motion to Dismiss and concluded that a complaint was not stated against the surety without Patrick Flood named as a party.