Muller v. Weeder
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The Supreme Court dismissed this appeal from a second opinion of the court of appeals reversing the judgment of the district court affirming the county court's monetary judgment in favor of Richard Muller in this fence dispute action between Muller and John Weeder, holding that, as a result of Weeder's death, the court of appeals lacked jurisdiction to issue its opinion and mandate in the first appeal.
After the district court affirmed, as modified, the judgment in favor of Muller, Weeder appealed. Weeder died while the case was pending in the court of appeals. Unaware of Weeder's death, the court of appeals reversed the judgment and remanded the matter for further proceedings. On remand, the county court again entered a monetary judgment in favor of Muller. The district court dismissed the second appeal for lack of jurisdiction based on Weeder's death. The Supreme Court remanded this matter to the court in which it was pending at the time of Weeder's death, holding that the court of appeals' opinion and mandate in the first appeal must be vacated as null and void and that this Court lacked jurisdiction over the second appeal.
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