S-17-0995, Richard K. Jordan [appellant] v. LSF8 Master Participation Trust and Kelly R. Jordan n/k/a Kelly R. Fairchild
Buffalo County, Honorable William T. Wright
Attorneys: Kent A. Schroeder (Ross, Schroeder, & George) for appellant; John D. Stalnaker (Stalnaker, Becker & Buresh) for appellee
Civil: Action for quiet title; affirmative defense of judicial estoppel and claim preclusion
Proceedings below: District court granted summary judgment in favor of appellee, finding appellant was estopped from arguing the lien at issue was invalid based on positions asserted in prior litigation
Issues: Did the district court abuse its discretion in 1) failing to grant a motion for new trial, 2) finding the complaint was barred by the doctrine of collateral estoppel, 3) finding the complaint was barred by the doctrine of judicial estoppel, 4) finding the complaint was barred by the doctrine of equitable estoppel, 5) finding the plaintiff ratified the financing agreement and the deed, 6) finding the validity of the deed could have been fully litigated in the prior dissolution action, 7) finding the Homestead Act was not applicable due to plaintiff’s inconsistent prior position, 8) essentially repealing the Homestead Act, 9) failing to try two cases together, denying the plaintiff an opportunity to take a relevant deposition, or 10) finding statements in a trial brief were judicial admissions?