S-24-0564 and S-24-0665 Kristi Kellogg (Appellee) and Apostle Nursing Home Health Care, LLC v. Christopher Mathiesen (Appellant)
Appeal from the District Court for Douglas County, Judge Timothy P. Burns
Attorneys: Michael C. Pettis (Attorney at law for Appellant) and Christian T. Williams (DominaLaw Group, pc, llo for Appellee).
Civil: Dissolution of limited liability company
Proceedings below: The district court granted Appellee’s request to dissolve Apostle Nursing Home Health Care, LLC and ordered the appointment of a receiver, but it denied the parties’ other causes of action because of their unclean hands. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellant argues as follows: 1) The trial court abused its discretion and erred by continually refusing to recognize that Plaintiff lacked standing, pursuant to Neb. Rev. Stat. §§ 21-165 to 21-167, because she never owned a transferable interest during the course of litigation; 2) The district court abused its discretion and erred by failing to order Plaintiff to return $28,525.93 that was misappropriated from Apostle to pay for her legal representation; 3) The district court erred when it found that no operating agreement existed; 4) The district court erred in granted Plaintiff’s continuance for summary judgment because it was untimely, was not supported by good cause, and prejudiced the Defendant by delaying the proceedings; 5) The district court abused its discretion by refusing to hear Defendant’s applications for orders to show cause related to misappropriation of Apostle Funds, and erred by failing to recalculate the respective transferable interest of the parties, following those misappropriations; 6) The trial court abused its discretion by overruling motion to enlarge discovery filed 9/2/2022; 7) It was an abuse of discretion and error to overrule Defendant’s second motion to compel, filed 10/05/2021; 8) The district court erred by failing to follow statutory guidelines for summary judgment proceedings; 9) The district abused its discretion by not holding a hearing on motion to dismiss filed 11/17/2022; 10) The district court abused its discretion and erred when it ordered Appellant be denied records that he is entitled to under Neb. Rev. Stat. §§ 21-138 and 21-139; 11) The district court erred when it ordered dissolution of Apostle; and 12) The district court abused its discretion and erred when it appointed a received to oversee dissolution and possibly sell Apostle.