Schmidt v. Sportsman's Gallery, LLC.

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Schmidt v. Sportsman's Gallery, LLC.

Case Number
A-21-0008
Court Number
Red Willow
Call Date
November 9, 2021
Case Time
1:00 PM
Case Summary

A-21-0008, Leslie L. Schmidt and the Les Schmidt Revocable Trust (Appellees/Cross-Appellants) v. Sportsman’s Gallery, LLC; Douglas Breinig; and Debra Breinig (Appellants/Cross-Appellees)

District Court of Red Willow County, Judge David W. Urbom

Attorney for Appellants/Cross-Appellees: Timothy P. Brouillette  (Brouillette, Dugan, Troshunski, & Bellew P.C. L.L.O.)

Attorney for Appellees/Cross-Appellant: Cindy R. Volkmer (Kelley, Scritsmier, & Byrne, P.C., L.L.O.)

Civil: Breach of Promissory Note and Guarantee; Statute of Limitations

Action Taken by Trial Court: The district court sustained Appellants’ motion for summary judgment and dismissed ten of Appellees’ causes of action, because the actions were barred by the statute of limitations. However, the court found Appellees were entitled to summary judgment as to their cause of action for the breach of three promissory notes and a personal guaranty. The court also sustained Appellees’ motion for summary judgment and dismissed Appellants’ counterclaim for rent, time, expense, and labor, because it was barred by the statute of limitations.

Assignments of Error on Appeal: On appeal, Appellants allege that the district court erred in (1) finding that Appellees were entitled to summary judgment as to their cause of action for breach of the promissory notes and the guaranty and (2) dismissing Appellants’ counter claim for rent, time, expense, and labor.

On cross appeal, Appellees allege that the court erred in: (1) awarding Appellees only half the amount of what was owed under the promissory notes; (2) failing to find Sportsman’s Gallery, LLC, liable for the full amount of what was owed under the promissory notes; (3) failing to award Appellees interest at the contract rate under the promissory notes; (4) dismissing Appellees’ cause of action for indemnification; and (5) dismissing Appellees’ cause of action for unjust enrichment.

Case Location
Buffalo County Board of Commissioners Board Room
Court Type
District Court
Schedule Code
A2
Panel Text
Moore, Bishop, and Arterburn, Judges