TDP Phase One, LLC v. Club at the Yard, LLC
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The Supreme Court dismissed Tenant's appeal from an order of summary judgment in favor of Landlord on Landlord's claim seeking restitution of the premises pursuant to the forcible entry and detainer (FED) statutes, Neb. Rev. Stat. 25-21,219 through 25-21,235, holding that this Court was without jurisdiction over the appeal.
Tenant failed to pay rent and refused to vacate the premises. Landlord subsequently brought this action for restitution pursuant to the FED statutes and also brought claims for breach of the lease agreement and breach of the guaranty agreement. Tenant counterclaimed, asserting several claims. The district court granted summary judgment in favor of Landlord on its FED claim, but the order did not resolve the remaining claims of either party. Tenant appealed but did not seek a Neb. Rev. Stat. 25-1315 certification from the district court. The Supreme Court dismissed the appeal, holding that the order of restitution disposing of the FED action did not satisfy section 25-1315(1), and therefore, this Court was without jurisdiction over Tenant's appeal.
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