Tom Houser v. American Paving Asphalt, Inc.

Summary

The Nebraska Supreme Court reviewed an appeal from a county court judgment involving a homeowner’s breach of contract claim against an asphalt paving company. The court addressed the district court’s authority to extend the time for filing a statement of errors, the applicable scope of appellate review, the sufficiency of evidence supporting repair damages, and attorney fees and sanctions. The district court’s judgment was affirmed in part and reversed and remanded in part.

Holdings

1. A district court has discretion to extend the time for filing a statement of errors; the governing rule does not prohibit such an extension, and the authority is not limited to the rule permitting suspension of court rules.
2. The district court abused its discretion by granting American Paving's motion to file its statement of errors out of time because the delay resulted from counsel's own neglect and the motion was filed only after the merits had been briefed.
3. Because the district court abused its discretion in allowing the late statement of errors, review of the county court's judgment was limited to plain error.
4. The county court did not plainly err in awarding $26,189.09 for the 2-inch asphalt overlay, and the district court erred by reversing that portion of the county court's verdict.
5. The county court did not plainly err in awarding $5,660 for patchwork repairs, $1,514 in discovery sanctions and attorney fees, or $861.75 in costs.

Questions Presented

1. Whether the district court had discretion to extend the time for filing a statement of errors in an appeal from county court.
2. Whether the district court abused its discretion by allowing American Paving to file its statement of errors out of time under the circumstances presented.
3. Whether review of the county court judgment was therefore limited to plain error.
4. Whether the cost of Houser's 2-inch asphalt overlay was recoverable as damages for American Paving's breach of contract.
5. Whether the county court plainly erred in awarding damages for patchwork repairs and discovery sanctions and attorney fees.
6. Whether the award of $861.75 in costs should be affirmed.

Disposition

reversed_and_remanded