Peuse v. Malkuch

This is an appeal from a decision of the Seventh Judicial District Court, Dawson County, granting partial summary judgment in favor of respondent Randy Peuse, and denying appellants James R. Malkuch and Betty Malkuch’s motion for reconsideration of summary judgment order and motion for leave to amend answer. We affirm.

The issues on appeal are as follows:

1. Did the District Court err in granting Peuse’s motion for partial summary judgment?

2. Did the District Court err in denying the Malkuchs the opportunity to amend their answer?

FACTS

In March 1990 Peuse and the Malkuchs entered into an…