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Sartain v. Wohlenhaus Appraisal Serv.

Court of Appeals of Nebraska

July 22, 2014

DWAYNE SARTAIN AND LISA SARTAIN, APPELLANTS AND CROSS-APPELLEES,
v.
WOHLENHAUS APPRAISAL SERVICE AND DAN SPENCE, APPELLEES, AND COUNTRYWIDE HOME LOANS, A FOREIGN CORPORATION, APPELLEE AND CROSS-APPELLANT

Page 595

Appeal from the District Court for Douglas County: THOMAS A. OTEPKA, Judge.

AFFIRMED.

Ryan J. Lewis and W. Gregory Lake, of Lewis, Pfanstiel & Reed, L.L.C., for appellants.

Mary M. Schott, of Sodoro, Daly, Shomaker & Selde, P.C., L.L.O., for appellee Wohlenhaus Appraisal Service.

Douglas W. Ruge II for appellee Dan Spence.

Jennifer D. Tricker, of Baird Holm, L.L.P., for appellee Countrywide Home Loans.

MOORE, PIRTLE, and RIEDMANN, Judges.

OPINION

Page 596

[22 Neb.App. 219] Riedmann, Judge.

INTRODUCTION

Dwayne Sartain and Lisa Sartain sought to dismiss their negligence action against Wohlenhaus Appraisal Service (Wohlenhaus), Dan Spence, and Countrywide Home Loans (collectively the defendants) after the defendants filed, briefed, and argued summary judgment motions. The district court for Douglas County sustained the defendants' motions to strike the Sartains' notice of dismissal and granted the defendants' motions for summary judgment. The Sartains appeal the district court's order striking their notice of dismissal.

Countrywide Home Loans has also filed a cross-appeal, assigning as error the district court's refusal to grant its motion to dismiss the Sartains' claim on the basis that the statute of limitations had expired. Because we affirm the district court's order striking the notice of dismissal, and the Sartains have not appealed the ...


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