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DENOURIE & YOST HOMES, LLC v. FROST

No. S-16-014.

893 N.W.2d 669 (2017)

295 Neb. 912

DENOURIE & YOST HOMES, LLC, a Nebraska limited liability company, appellant, v. Joe FROST and Amy Frost, husband and wife, and Security State Bank, doing business as Dundee Bank, a Nebraska corporation, appellees.

Supreme Court of Nebraska.

Filed February 24, 2017.

Attorney(s) appearing for the Case

Jerrold L. Strasheim for appellant.

Christopher J. Tjaden , Michael J. Whaley , and Adam J. Wachal , of Gross & Welch, P.C., L.L.O., Omaha, for appellee Security State Bank.

Kristopher J. Covi and Jay D. Koehn , of McGrath, North. Mullin & Kratz, P.C., L.L.O., Omaha, for appellees Joe Frost and Amy Frost.

Heavican, C.J., Wright, Miller-Lerman, Cassel, Stacy, Kelch, and Funke, JJ.

INTRODUCTION

We address a second appeal from an action by a contractor seeking damages arising out of its construction of a house. Following our remand, the district court determined that the election of remedies doctrine and judicial estoppel required a dismissal of the contractor's claims. Because the claims were consistently...

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