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CONTINENTAL MORTG., INC. v. JOHNSON

No. S-94-808.

549 N.W.2d 640 (1996)

250 Neb. 484

CONTINENTAL MORTGAGE, INC., Appellant, v. Rolland C. JOHNSON, Defendant and Third-Party Plaintiff, Appellee and Cross-Appellee, and Advanced Financial, Inc., Third-Party Defendant, Appellee and Cross-Appellant.

Supreme Court of Nebraska.

July 5, 1996.

Attorney(s) appearing for the Case

Gary L. Dolan, Lincoln, for appellant.

Thomas H. Dahlk, of Lieben, Dahlk, Whitted, Houghton, Slowiaczek & Jahn, P.C., Omaha, for appellee Johnson.

WHITE, C.J., and CAPORALE, FAHRNBRUCH, LANPHIER, WRIGHT, CONNOLLY, and GERRARD, JJ.

WRIGHT, Justice.

Continental Mortgage, Inc. (CMI), formerly Creative Financing, Inc. (CFI), sued Rolland C. "Rollie" Johnson, seeking payment of a promissory note in the amount of $214,814.83. The district court granted summary judgment in favor of Johnson, and CMI appeals.

SCOPE OF REVIEW

In reviewing a summary judgment, an appellate court views the evidence in a light most favorable to the party against...

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