First State Bank Nebraska v. MP Nexlevel LLC

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First State Bank Nebraska v. MP Nexlevel LLC

Case Number
Call Date
February 5, 2020
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-19-0543 First State Bank of Nebraska (Appellant) v. MP Nexlevel, LLC

Lancaster County District Court, Judge Susan I. Strong

Attorneys: Brandon R. Tomjack & Nicholas A. Buda (Baird Holm LLP) (Appellant) --- Michael S. Degan (Kutak Rock LLP)(Appellee) --- Anthony Schtz (Amicus Curiae on behalf of the Commercial Law Amicus Initiative) --- Robert J. Hallstrom & Gerald M. Stilmock (Brandt, Horan, Hallstrom & Stilmock (Amicus Curiae Nebraska Bankers Association, Inc.)

Civil: Summary judgment; secured transactions; breach of contract

Proceedings below: The district court denied Appellant’s motion for summary judgment and granted Appellee’s cross motion for summary judgment, dismissing the case with prejudice.  Appellant filed a petition to bypass the Court of Appeals, which was granted by the Nebraska Supreme Court.

Issues: The District Court erred in 1) granting Appellee's cross motion for summary judgment, 2) holding there was no evidence of Husker Underground's default at the time Appellant sent its notices to Appellee because ample evidence in the record shows genuine issues of material fact exist as to whether Husker Underground was in default of its obligations owed to Appellant when Appellant sent its notices to Appellee, 3) holding Husker Underground was not in default of its obligations to Appellant until Appellant obtained a judgment against Husker Underground, 4) granting Appellee 's cross motion for summary judgment because Appellee did not comply with the summary judgment procedure set forth in§ 6-1526 of the Nebraska Uniform District Court Rules of Practice and Procedure, 5) admitting the affidavit of Pat Carlson into evidence over Appellant 's objection at the summary judgment hearing, 6) holding an "assignment" does not include a "security interest" under UCC § 9-406(a) for purposes of a secured party's right to enforce its security interest in an account against an account debtor.

Schedule Code