MILLARD GUTTER CO. v. AMERICAN FAMILY INS.

No. S-17-485.

915 N.W.2d 58 (2018)

300 Neb. 466

MILLARD GUTTER COMPANY, a corporation doing business as Millard Roofing and Gutter, appellant, v. AMERICAN FAMILY INSURANCE COMPANY, appellee.

Supreme Court of Nebraska.

Filed July 13, 2018.


Attorney(s) appearing for the Case

Theodore R. Boecker, Jr. , of Boecker Law Office, P.C., L.L.O., for appellant.

Joel D. Nelson and Joel Bacon , of Keating, O'Gara, Nedved & Peter, L.L.O., Lincoln, for appellee.

Donald W. Kleine , Douglas County Attorney, and Cortney M. Wiresinger , for amicus curiae Douglas County, Nebraska.

Heavican, C.J., Miller-Lerman, Cassel, Stacey, and Funke, JJ.


Millard Gutter Company, a corporation doing business as Millard Roofing and Gutter (Millard Gutter), filed this civil action against American Family Insurance Company (American Family) in the Douglas County District Court. Just prior to jury selection, Millard Gutter filed a voluntary dismissal without prejudice. The district court held...

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