Wilkinson Development, Inc. v. Ford & Ford Investments

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Wilkinson Development, Inc. v. Ford & Ford Investments

Case Number
S-21-0496
Call Date
March 2, 2022
Case Time
9:00 AM
Court Number
Dawson
Case Location
Lincoln
Court Type
District Court
Case Summary

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.

Schedule Code
SC