Schlake v. Schlake

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Schlake v. Schlake

Case Number
Call Date
March 30, 2016
Court Number
Case Summary

S-15-0263 Marcia R. Schlake, Tracy J. Schlake, and Tonia R. (Schlake) Katschke v. Gene W. Schlake (appellant)

Gage County District Court, Judge Paul Korslund

Attorneys: Jeffery W. Davis -- Lyle J. Koenig (for appellant)

Civil: Appellant Gene Schlake appeals from the district court's order overruling his motion to vacate a summary judgment for the appellees in their partition action. The court later adopted a referee's report recommending a sale of the property and division of the proceeds.

Issues: Whether the court erred as a matter of law in (1) requiring Gene to satisfy the requirements of ' 25-2001 to support his motion to vacate a summary judgment against him, and (2) order a partition and sale of the property in violation of a provision in a decree dissolving Marcia and Gene's marriage.