Midland Properties, L.L.C., and Jerry Morgan. APPELLANTS,
WELLS FARGO, N.A., ET AL., APPELLEES.
Summary Judgment: Appeal and Error. An
appellate court will affirm a lower court's grant of
summary judgment if the pleadings and admitted evidence show
that there is no genuine issue as to any material facts or as
to the ultimate inferences that may be drawn from those facts
and that the moving party is entitled to judgment as a matter
__:__. In reviewing a summary judgment, an appellate court
views the evidence in the light most favorable to the party
against whom the judgment was granted and gives that party
the benefit of all reasonable inferences deducible from the
Trial: Evidence: Appeal and Error. An
appellate court reviews the trial court's conclusions
with regard to evidentiary foundation for an abuse of
Pleadings: Appeal and Error. Permission to
amend a pleading is addressed to the discretion of the trial
court, and an appellate court will not disturb the trial
court's decision absent an abuse of discretion.
Summary Judgment: Proof. A party moving for
summary judgment has the burden to show that no genuine issue
of material fact exists and must produce sufficient evidence
to demonstrate that if the evidence presented for summary
judgment remains uncontroverted, the moving party is entitled
to judgment as a matter of law.
__ . After the moving party has shown facts entitling it to a
judgment as a matter of law, the opposing party has the
burden to present evidence showing an issue of material fact
which prevents judgment as a matter of law for the moving
Evidence: Witnesses. Communications by
telephone are admissible in evidence where otherwise relevant
to the fact or facts in issue, provided [296 Neb. 408] the
identity of the person with whom the witness spoke or the
person whom he or she heard speak is satisfactorily
Torts: Intent: Proof. To succeed on a claim
for tortious interference with a business relationship or
expectancy, a plaintiff must prove (1) the existence of a
valid business relationship or expectancy, (2) knowledge by
the interferer of the relationship or expectancy, (3) an
unjustified intentional act of interference on the part of
the interferer, (4) proof that the interference caused the
harm sustained, and (5) damage to the party whose
relationship or expectancy was disrupted.
Summary Judgment: Affidavits. Affidavits and
other sworn statements offered in support or opposition of
summary judgment shall be made on personal knowledge, shall
set forth such facts as would be admissible in evidence, and
shall show affirmatively that the affiant is competent to
testify to the matters stated therein.
from the District Court for Douglas County: Timothy P. Burns,
Douglas W. Ruge for appellants.
Jennifer L. Andrews and Alison M. Gutierrez, of Kutak Rock,
L.L.R, for appellee Wells Fargo, N.A.
J. Young, and Lilly Richardson-Severn, of H & S
Partnership, L.L.P, for appellees HBI, L.L.C., and H & S
Heavican, C.J., Wright, Cassel, Stacy, Kelch, and Funke, JJ.
appeal arises from an action for wrongful foreclosure of a
deed of trust, quiet title, tortious interference with
business relationships, and declaratory relief. The district
court granted summary judgment of dismissal and denied leave
to file an amended complaint. Because there was no genuine
issue of material fact and no abuse of discretion in denying
leave to amend, we affirm the judgment.
Neb. 409] II. BACKGROUND
Morgan purchased property in Douglas County. Nebraska, by
obtaining a loan secured by a deed of trust. He conveyed the
property to his company, Midland ...