Eletech, Inc. v. Conveyance Consulting Group, Inc., et al.

Summary

The Nebraska Supreme Court affirmed a $407,187.46 judgment entered against Conveyance Consulting Group, Inc., Jones Consulting Inc., and Jonathan Jones as a discovery sanction. The court held that the appellants waived several challenges by failing to raise them in the district court and that the district court did not abuse its discretion in permitting counsel to withdraw, compelling discovery, and imposing sanctions, including judgment and dismissal of the counterclaim.

Holdings

1. The district court did not abuse its discretion in allowing appellants' first counsel to withdraw because appellants received notice, failed to timely object or demonstrate prejudice, and were given additional time to obtain new counsel.
2. The district court did not abuse its discretion in granting Eletech's motion to compel.
3. The district court did not abuse its discretion in allowing appellants' second, limited-representation counsel to withdraw.
4. The district court did not abuse its discretion by entering judgment against appellants and dismissing their counterclaim with prejudice as sanctions for failing to comply with the discovery order.
5. Arguments and theories not timely presented to and decided by the trial court are waived and will not be considered on appeal.

Questions Presented

1. Whether the district court abused its discretion by allowing appellants' first counsel to withdraw.
2. Whether the district court abused its discretion by granting Eletech's motion to compel discovery after allowing appellants' first counsel to withdraw.
3. Whether the district court abused its discretion by allowing appellants' second, limited-representation counsel to withdraw.
4. Whether the district court abused its discretion by imposing discovery sanctions, entering judgment against appellants, and dismissing their counterclaim with prejudice without findings of willfulness and bad faith, proof of noncompliance, adequate notice, and consideration of lesser sanctions.

Disposition

affirmed