Nebraska Supreme Court

Martens v. BB's Childcare

May 8, 202634 N.W.3d 393

Summary

The Nebraska Supreme Court vacated the district court’s judgment affirming restitution of commercial premises and remanded with directions to vacate the county court’s judgment and dismiss the forcible entry and detainer action. It held that the lease provisions concerning a purchase option, rent credits, and restrictions on alienation created a sufficient title dispute to deprive the county court of subject matter jurisdiction. The court also held that the district court abused its discretion by refusing to allow a supplemental transcript necessary to establish the jurisdictional defect.

Holding

  • Late supplementation of the appellate transcript. A district court’s ruling on a request to supplement the transcript after submission of an appeal is reviewed for abuse of discretion, and the district court abuses that discretion by refusing an untimely supplemental transcript when the transcript is necessary to determine whether the county court lacked subject matter jurisdiction.
  • Title dispute in a forcible entry and detainer action. The county court lacked subject matter jurisdiction because the tenants’ purchase option, rent-payment credits, and protections against alienation arguably created an equitable interest in the property, making resolution of the right to possession dependent on resolving a title dispute.
  • Effect of the county court’s lack of jurisdiction on the district court appeal. Because the county court lacked subject matter jurisdiction, its restitution judgment was void and the district court acquired no jurisdiction over the appeal; the district court therefore had to vacate the county court’s judgment and remand with instructions to dismiss the forcible entry and detainer complaint.

Docket S-24-914

Cited authorities

  • Neb. Rev. Stat. § 219
  • Neb. Ct. R. § 6-1452(A)(1)
  • Neb. Ct. R. § 6-105(B)
  • Neb. Rev. Stat. §§ 25-21
  • Neb. Rev. Stat. § 24-1106
  • Neb. Rev. Stat. § 25-2728
  • Neb. Rev. Stat. § 25-2731
  • Neb. Rev. Stat. § 25-2732

Cited by

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