Dr. Robert McEwen, appellant,
Nebraska State College System, appellee.
Judgments: Appeal and Error. An appellate
court independently reviews questions of law decided by a
Contracts. The interpretation of a contract
and whether the contract is ambiguous are questions of law.
In interpreting a contract, a court must first determine, as
a matter of law, whether the contract is ambiguous.
Contracts: Words and Phrases. A contract is
ambiguous when a word, phrase, or provision in the contract
has, or is susceptible of, at least two reasonable but
conflicting interpretations or meanings.
Contracts. When the terms of a contract are
clear, a court may not resort to rules of construction, and
the terms are to be accorded their plain and ordinary meaning
as an ordinary or reasonable person would understand them.
The fact that the parties have suggested opposing meanings of
a disputed instrument does not necessarily compel the
conclusion that the instrument is ambiguous.
A contract must receive a reasonable construction, and a
court must construe it as a whole and, if possible, give
effect to every part of the contract.
Whatever the construction of a particular clause of a
contract, standing alone, may be, it must be read in
connection with other clauses.
Appeal and Error. An appellate court is not
obligated to engage in an analysis that is not necessary to
adjudicate the case and controversy before it.
from the District Court for Dawes County: Derek C. Weimer,
Neb.App. 897] Howard P. Olsen, Jr., and Adam A. Hoesing, of
Simmons Olsen Law Firm, PC, for appellant.
E. Martin III and Leigh Campbell Joyce, of Baird Holm,
L.L.P., for appellee.
Riedmann, Bishop, and Arterburn, Judges.