Hynes v. Good Samaritan Hosp.

Nebraska Advance Sheets HYNES v. GOOD SAMARITAN HOSP. 985 Cite as

285 Neb. 985

from using a written contract to effectuate the fraud committed. In other words, DMK and Lanoha contend that the substantive law protects securities purchasers from sellers by refusing to enforce exculpatory clauses in prospectuses, private placement memorandums, or subscription agreements. This issue was not addressed by the district court. An issue not presented to or decided on by the trial court is not an appropriate issue for consideration on appeal.32 Furthermore, determining this issue is not necessary to our…