Clason v. LOL Investments LLC

Case Number(s)
S-23-0223
Case Audio
Call Date
Case Time
Court Number
Furnas
Case Location
Lincoln
Court Type
District Court
Case Summary

S-23-0223 Steven E. Clason (Appellant) v. LOL Investments, LLC, a Nebraska Limited Liability Company; and Producers Livestock Credit Corporation, a Delaware Corporation (Appellees)

Appeal from the District Court for Furnas County, Judge Patrick M. Heng

Attorneys: Terry K. Barber (Barber & Barber, P.C., L.L.O. for Appellant), Jeffrey M. Cox (Dier, Osborn & Cox, P.C., L.L.O. for Appellee, LOL Investments, LLC), and Jason B. Bottlinger and Lisa M. Epperson (Bottlinger Law, L.L.C. for Appellee, Producers Livestock Credit Corporation). 

Civil: Summary Judgment; Quiet Title; Forcible Entry and Detainer; Jurisdiction

Proceedings Below: The district court granted summary judgment on Producer’s Livestock Credit Corporation’s (PLCC) claim for quiet title, dismissed Appellant’s claim against LOL Investments, LLC (LOL), and granted PLCC possession of the real property.  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 makes the following assignments of error: 1) The district court erred in its determinations of PLCC’s first summary judgment motion and LOL’s motion to dismiss, and in entering its August 12, 2020, “Judgment and Decree Quieting Title,” the court’s determinations were contrary to both the law and the facts; 2) The district court erred in its determination that the court had jurisdiction to allow PLCC’s amendment and/or to proceed with hearing the matter, and/or to determine the matter; 3) The district court erred in its determination as to whether the PLCC motion should be declined, based upon considerations relating to Neb. Rev. Stat. § 25-1335; and 4) The district court erred in its determination that PLCC was entitled to summary judgment.

Schedule Code
SC