NP Dodge Management Co. v. Holcomb
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The Supreme Court dismissed the appeal of the underlying eviction proceedings brought under Nebraska's Uniform Residential Landlord and Tenant Act (the NURLTA), Neb. Rev. Stat. 76-1401, holding that this case was moot.
After Defendant allegedly breached the terms of her residential lease agreement Plaintiff, Defendant's landlord, terminated the lease. When Defendant refused to leave the property Plaintiff initiated eviction proceedings. The county court found in favor of Plaintiff and issued a writ of restitution. Defendant appealed, holding that section 76-1446, which mandates a bench trial for a possession action under the NURLTA, violated her constitutional right to a jury trial. The Supreme Court dismissed Defendant's appeal, holding that Defendant's arguments on appeal were moot, and none of the mootness exceptions applied.
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