30 Metropolitan Place v. Dana Partnership LLC -- supplemental opinion ( 2023 )

IN THE NEBRASKA COURT OF APPEALS
MEMORANDUM OPINION AND JUDGMENT ON APPEAL
(Memorandum Web Opinion)
30 METROPOLITAN PLACE V. DANA PARTNERSHIP
NOTICE: THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION
AND MAY NOT BE CITED EXCEPT AS PROVIDED BY NEB. CT. R. APP. P. § 2-102(E).
30 METROPOLITAN PLACE, L.L.C., APPELLEE,
V.
DANA PARTNERSHIP, L.L.P., AND ARUN AGARWAL, APPELLANTS.
Filed August 15, 2023. No. A-22-591.
SUPPLEMENTAL OPINION
Appeal from the District Court for Douglas County: JEFFREY J. LUX, Judge. Former opinion
modified. Motion for rehearing overruled.
Thomas J. Culhane, Bonnie M. Boryca, and Ryan L. Crew, of Erickson | Sederstrom, P.C.,
for appellants.
Gregory C. Scaglione and Kendra Vosler, of Koley Jessen, P.C., L.L.O., for appellee.
PIRTLE, Chief Judge, and MOORE and ARTERBURN, Judges.
PER CURIAM.
This matter is before the court on the motion for rehearing filed by appellants regarding
our memorandum opinion reported in 30 Metropolitan Place v. Dana Partnership, No. A-22-591,
2023 WL 4188670 (Neb. App. June 27, 2023) (selected for posting to court website). We overrule
the motion, but for purposes of clarification, we modify the opinion as follows:
In the analysis section of the opinion, under the subheading “(c) Date Prejudgment Interest
Began to Accrue,” we modify the final paragraph to read as follows:
“Our calculation of the principal amount plus prejudgment interest is as follows. On March
22, 2020, the principal amount of rent due and owing was $346,747.94 according to Exhibit 47
offered by 30 Metro and received by the court. 30 Metro is owed 837 days interest at 12 percent
per year. This spans the period from March 22, 2020 until July 7, 2022 when the judgment was
entered. The total amount of interest due and owing for that period is $95,420.18. Therefore, the
combined amount of principal and prejudgment interest due and owing at the time the judgment
was entered is $442,168.12.”
The remainder of the opinion shall remain unmodified.
FORMER OPINION MODIFIED.
MOTION FOR REHEARING OVERRULED.
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