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Supreme Court Call - Case Summaries

Tuesday, September 2, 2014

S-13-1014, Gaver v. Schneider’s O.K. Tire Company, Inc.

Platte County, Judge Robert R. Steinke

Attorneys: Ralph A. Froehlich (Locher, Pavelka, Dostal, Braddy & Hammes) (for Appellant); Stan A. Emerson (Sipple, Hansen, Emerson, Schumacher & Klutman)

Civil: Enforceability of noncompetition agreement

Proceedings Below: The district court entered a declaratory judgment finding that two noncompetition agreements between the parties were invalid and unenforceable.

Issues: The district court erred in concluding that the noncompetition agreement was unenforceable under Nebraska law.

S-13-0929, Federal National Mortgage Association v. Brian S. Marcuzzo and Dona M. Marcuzzo (appellants)

Sarpy County District Court, Honorable William B. Zastera

Attorneys: Douglas W. Ruge for appellants; Dustin J. Kessler (Fitzgerald Schorr) for appellee

Civil: Forcible entry and detainer/quiet title

Proceedings below: County court ordered appellants to deliver possession to appellee in a forcible entry and detainer action after appellee obtained title via a deed of trust foreclosure. District court affirmed on appeal.

Issues: The county court and the district court erred in 1) ruling that the county court had the power to continue the restitution action rather than dismissing it, and 2) ruling that the final order on restitution was proper and could have been entered by the county court as it had jurisdiction.

Wednesday, September 3, 2014

Thursday, September 4, 2014

Friday, September 5, 2014