A-24-0594, Kramer Ranch Co. (Appellee) v. Bruce Kramer (Appellant)
McPherson County, District Judge Cindy R. Volkmer
Attorney for Appellant: George G. Vinton
Attorney for Appellee: Joshua J. Wendell (McQuillan & Wendell, PC, LLO)
Civil Action: Forcible Entry and Detainer
Action taken by Trial Court: Kramer Ranch Co. filed a complaint for forcible entry and detainer, seeking restitution of premises leased to Bruce Kramer. Bruce then filed a complaint against Kramer Ranch, alleging various causes of action as well as a motion for temporary injunction to enjoin Kramer Ranch from seeking an order of restitution. The McPherson County District Court consolidated the cases and treated Bruce’s causes of actions in his complaint as counterclaims in the eviction action. Following a bench trial, the McPherson County District Court entered an order of restitution for Kramer Ranch and denied Bruce’s motion for a temporary injunction.
Assignments of Error on Appeal: Bruce assigns that the district court erred in (1) failing to dismiss Kramer Ranch’s complaint for forcible entry and detainer as it failed to properly serve a notice to leave premises pursuant to Neb. Rev. Stat. § 25-21,221 (Reissue 2016), and (2) failing to find that the language in the lease agreement requiring the parties to use good faith efforts to negotiate another lease was a condition precedent to Kramer Ranch’s enforcement of the termination date of the lease.