Bridgewater Homes v. Woodsonia Acquisitions

── Bridgewater Homes v. Woodsonia Acquisitions ── Court: Nebraska Court of Appeals Date: May 19, 2026 Category: General IN THE NEBRASKA COURT OF APPEALS MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion) BRIDGEWATER HOMES V. WOODSONIA ACQUISITIONS 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). BRIDGEWATER HOMES, LLC, APPELLANT, V. WOODSONIA ACQUISITIONS, LLC, APPELLEE. Filed May 19, 2026. No. A-25-291. Appeal from the District Court for Douglas County: PETER C. BATAILLON, Judge. Affirmed. Connor W. Orr, of The Orr Law Group, P.L.L.C., for appellant. Gregory C. Scaglione, of Koley Jessen, P.C., L.L.O., for appellee. MOORE, PIRTLE, and WELCH, Judges. WELCH, Judge. INTRODUCTION Bridgewater Homes, LLC (Bridgewater), appealed from the Douglas County District Court’s order dismissing its breach of contract claim in favor of Woodsonia Acquisitions, LLC (Woodsonia). Bridgewater contends that the district court erred in determining that it had subject matter jurisdiction to reach a conclusion in the matter as to issues not yet ripe at the time of trial. For the reasons set forth herein, we affirm. STATEMENT OF FACTS The instant case involves an alleged breach of contract action filed by Bridgewater against Woodsonia related to an agreement for the purchase of real estate. Bridgewater’s complaint, filed on June 23, 2023, and amended on June 27 and September 12, alleged that it entered into a Purchase and Sale Agreement (Agreement) with Woodsonia for -1- the purchase of real estate lots at 168th and 16435 Bennington Road in Douglas County, Nebraska (Waters Edge). Bridgewater alleged that, although the parties’ written contract did not set forth the time for delivery of the real estate, at the time that Bridgewater paid the deposits for the lots, Woodsonia orally represented that delivery of both real estate lots would be available “no later than Q2 of 2023.” According to Bridgewater, Woodsonia later indicated that the Waters Edge lots would not be available until Q1 of 2024. Bridgewater alleged that, due to Woodsonia’s failure to close on the sale of the lots within the specified period, it notified Woodsonia that it elected to terminate the Agreement and requested the return of the deposits paid. Specifically, Bridgewater alleged that Woodsonia breached the contract by failing to deliver the lots by Q2 of 2023 per the parties’ oral agreement, or, alternatively, a claim for recission of the contract on the basis that the contract was void as a matter of law due to the contract failing to specify a time for delivery. Bridgewater further asserted that Woodsonia failed to return deposits paid and requested that the court order Woodsonia to return $445,000 in deposits, plus prejudgment and postjudgment interest. In its answer and counterclaim, Woodsonia generally denied the allegations in Bridgewater’s complaint, asserting that Bridgewater wrongfully attempted to terminate the Agreement. Woodsonia admitted that it did not return the deposits paid but alleged that the parties’ agreement provided that the deposits were nonrefundable. Woodsonia further admitted that the Waters Edge Agreement did not specify a specific time for delivery and that it contained a provision that time was of the essence; despite this, Woodsonia alleged that the Agreement provided conditions precedent and notice requirements that set the date for the time of delivery of the lots. Woodsonia counterclaimed for declaratory judgment, requesting a finding that Bridgewater breached, or anticipatorily breached, the contract and requested that the court quiet title for the real estat