Humphrey v. Smith

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Humphrey v. Smith

Case Number
Call Date
March 3, 2022
Case Time
9:00 AM
Court Number
Case Location
University of Nebraska College of Law
Court Type
District Court
Case Summary

S-21-0131, Humphrey (Appellee) v. Smith and Prosolow (Appellants).

Appeal from the District Court of Douglas County, Judge Duane C. Dougherty

Attorneys: Darnetta L. Hunter (Law Office of Darnetta L. Hunter), Judith A. Wells (Law Office of Judith A. Wells) for Appellants and Matthew P. Saathoff and Katherine A. Rehan (Saathoff Law Group) for Appellee. 

Civil: Action for Partition

Proceedings Below: In a partition action, the district court appointed a referee to partition the property in question. The district court also ordered that if a partition in kind cannot be done, Appellant’s portion of the proceeds should be offset by either:  (i) the remaining balance owed on the loan or (ii) half the rental value of the property.

Issues: Appellant makes three assignments of error:  1) that the district court erred in finding that Appellee was entitled to summary judgment, as a matter of law, regarding her right to partition the real property; 2) that the district court erred when it made findings regarding Appellant relinquishing his ownership interest in the real property; and 3) that the district court erred in sustaining Appellee’s Motion for Summary Judgment regarding his unjust enrichment claim because there were contested issues of material fact.

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