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Murray v. Stine

Supreme Court of Nebraska

June 19, 2015

JOHN E. MURRAY AND JIM J. FITL, AS COTRUSTEES OF THE MURRAY/FITL CHILDREN'S TRUST, A NEBRASKA TRUST, AND ON BEHALF OF 304 CORPORATION, A NEBRASKA CORPORATION, APPELLANTS AND CROSS-APPELLEES,
v.
GREG STINE, AN INDIVIDUAL, AN OFF ICER IN PREMIER BANK, AND AS FORMER INTERIM MANAGER OF MID CITY BANK, ET AL., APPELLEES AND CROSS-APPELLANTS, AND DENN IS A. O'NEAL ET AL., APPELLEES. JOHN E. MURRAY AND JIM J. FITL, AS COTRUSTEES OF THE MURRAY/FITL CHILDREN'S TRUST, A NEBRASKA TRUST, APPELLEES,
v.
GREG STINE, AN INDIVIDUAL, AN OFF ICER IN PREMIER BANK, AND AS FORMER INTERIM MANAGER OF MID CITY BANK, ET AL., APPELLANTS, AND JOHN F. LUND ET AL., APPELLEES

Page 387

Appeals from the District Court for Douglas County: W. MARK ASHFORD, Judge.

James D. Sherrets, Diana J. Vogt, and Jared C. Olson, of Sherrets, Bruno & Vogt, L.L.C., for appellants John E. Murray et al. in No. S-14-389 and appellees John E. Murray et al. in No. S-14-753.

Thomas J. McCusker, Michael J. Mills, and Ryan A. Steen, of Gettman & Mills, L.L.P., for appellees Dennis A. O'Neal et al.

William R. Reinsch, of Reinsch, Slattery, Bear & Minahan, P.C., L.L.O., for appellee Ken Grigsby.

Steven D. Davidson, of Baird Holm, L.L.P., for appellee Vance D. Gardiner.

William F. Hargens and Lauren R. Goodman, of McGrath, North, Mullin & Kratz, P.C., L.L.O., for appellees Greg Stine and Premier Bank in No. S-14-389 and appellants Greg Stine and Premier Bank in No. S-14-753.

John P. Passarelli and Todd C. Kinney, of Kutak Rock, L.L.P., for appellees William J. Lindsay, Jr., et al.

HEAVICAN, C.J., WRIGHT, CONNNNOLLY, MCCORMACK, and CASSEL, JJ. STEPHAN and MILLER-LERMAN, JJ., not participating.

OPINION

Page 388

[291 Neb. 127] Per Curiam.

INTRODUCTION

Because of unresolved motions for attorney fees, we lack jurisdiction and must dismiss two attempts to appeal from an action for breach of fiduciary duties. The fee motions were filed after summary judgment motions were heard but before they were decided. The first appeal followed the summary judgment ruling. The undisposed fee motions prevented that ruling from being final. The second appeal followed the district court's refusal, citing lack of jurisdiction, ...


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