Summary
mentioning that de novo review was conducted without explicitly setting forth scope of review for awards of prejudgment interest
Summary of this case from Blue Valley Cooperative v. National Farmers OrganizationOpinion
No. 88-538.
Filed April 25, 1991.
Appeal from the District Court for Lancaster County, BERNARD J. McGINN, Judge, upon the recommendation of the Appellate Division of the District Court, BUCKLEY, DAVIS, and ILLINGWORTH, District Judges. Affirmed as modified.
James R. Place, Kelle J. Westland, and Alan M. Thelen, of Breeling, Welling Place, for appellants.
Tim Engler, of Nelson Harding, for appellee.
HASTINGS, C.J., BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.
Having considered the briefs and the recommendation of the Appellate Division of the District Court and upon a de novo review of the record, we find that a reasonable controversy existed as to the plaintiff's right to recover or the amount of such recovery, and therefore the claim was unliquidated. The district court erred in awarding prejudgment interest, and its judgment is ordered modified to exclude the award of prejudgment interest. The judgment of the district court, as modified, is affirmed.
AFFIRMED AS MODIFIED.