Schaad v. Simms

Dee E. and Kathryn J. Schaad filed a tort action against David B. Simms, D.B.S. Enterprises, Inc., and Lincoln Bank South. When the district court sustained the demurrer of Lincoln Bank South concerning Schaads’ amended petition, the court entered the following in its docket notes: “Plaintiff is given 14 days to file second amended petition or to select to stand on amended petition, in which instance the defendant Lincoln Bank South will stand dismissed from this action without further hearing.” Schaads declined to further amend and, instead, filed a motion for new trial, which was overruled.

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