S-21-0496, Wilkinson Development Inc. (Appellee) v. Ford & Ford Investments, a General Partnership and PSK, LLC (Appellant)
Appeal from the District Court for Dawson County, Judge James E. Doyle
Attorneys: Blake E. Johnson (Bruning Law) for Appellant PSK, LLC and Allen L. Fugate for Appellee. No brief was filed by Ford & Ford Investments.
Civil: Specific performance of a real estate contract; lis pendens; indispensable party
Proceedings below: District court sustained Motion for Summary Judgment in favor of Appellee. The district court overruled Appellant’s Motion to Vacate the Summary Judgment.
Issues: Appellant argues that the district court erred in determining that: 1) the joinder of Appellant was not necessary to provide the court with proper subject matter jurisdiction; 2) the Nebraska lis pendens statute eliminated Appellee’s and the court’s obligation to join Appellant, whose interest in the subject property was known; 3) knowledge of a third party’s interest in the subject property, acquired after the commencement of the action, does not give rise to the compulsory joinder requirement under Neb. Rev. Stat. § 25-323; 4) Appellant had no interest in the subject property, so to require joinder; 5) Appellant knew a valid, binding contract existed between Ford & Ford and Appellee at the time it executed the PSK contract; and 6) Appellant knew Appellee had paid the full purchase price for the property to the escrow agent at the time it executed the PSK contract.