S-24-0914 William Martens (Appellee) v. BB’s Childcare, LLC, Tasha McNeil, Registered Agent, and Tasha McNeil, Individually (Appellants)
Appeal from the District Court for Douglas County, Judge Jeffrey J. Lux on appeal from the County Court for Douglas County, Judge Marcela Keim
Attorneys: Cathy S. Trent-Vilim and John M. Walker (Lamson Dugan & Murray LLP for Appellants), Michael J. Decker (Decker Law Offices for Appellee), and Lincoln J. Korell (Asst. Solicitor General as amicus curiae)
Civil: Landlord-tenant, forcible entry and detainer, subject matter jurisdiction
Proceedings Below: In this forcible entry and detainer action, the district court, sitting as an appellate court, affirmed a county court’s judgment in favor of Appellee, because the appellate transcript did not include the county court’s final order. The district court overruled Appellants’ motion to alter or amend and to correct the record. On its own motion, the Nebraska Supreme Court ordered this case to be transferred from the docket of the Nebraska Court of Appeals to its docket.
Issues: Appellants assign the following errors: 1) The district court erred when it failed to void the county court’s order on the basis of subject matter jurisdiction. Since the dispute implicates title to the real property, the county court lacked jurisdiction to resolve the matter; and 2) The district court erred when it denied Appellants’ motion to correct the record and reach the merits of Appellants’ appeal of the county court’s order. Had the district court done so, it would have reversed the county court’s order because the county court lacked jurisdiction, mistakenly failed to find that Appellees had waived their right to declare a default, and failed to find the Lease Agreement ambiguous and construe it against Appellee (or, alternatively, permit Appellants to offer evidence clarifying the ambiguities).