Wayne L. Ryan Revocable Trust et al., appellees.
Constance "Connie" Ryan and Streck, Inc., appellees, and Tlmothy Coffey et al., all in their individual Capacities and in their Capacities as Qualified Beneficiaries of the Elleen Ryan Revocable Trust, appellants.
Interventions: Appeal and Error. Whether a
party has the right to intervene in a proceeding is a
question of law. On a question of law, an appellate court is
obligated to reach a conclusion independent of the
determination reached by the court below.
Jurisdiction: Appeal and Error. Before reaching the
legal issues presented for review, it is the duty of an
appellate court to determine whether it has jurisdiction over
the matter before it.
Interventions: Final Orders: Appeal and Error. Neb.
Rev. Stat. § 25-1315 (Reissue 2016) does not supersede
Nebraska's final order jurisprudence regarding orders
___: ___: ___ . An order denying intervention is a final,
Interventions. As a prerequisite to intervention
under Neb. Rev. Stat. § 25-328 (Reissue 2016), the
intervenor must have a direct and legal interest of such
character that the intervenor will lose or gain by the direct
operation and legal effect of the judgment which may be
rendered in the action.
An indirect, remote, or conjectural interest in the result of
a suit is not enough to establish intervention as a matter of
Interventions: Pleadings. Simply having a claim that
arises out of the same facts as the claims at issue in the
litigation does not constitute having a sufficient interest
to support intervention.
Neb. 762] 8. ___: ___ .A person seeking to
intervene must allege facts showing that he or she possesses
the requisite legal interest in the subject matter of the
___: ___. For purposes of ruling on a motion for leave to
intervene, a court must assume that the intervener's
factual allegations set forth in the complaint are true.
___: ___ . A prospective intervenor can raise his or her
claims or defenses, but those claims or defenses must involve
the same core issue as the claims between the existing
parties. Intervenors can raise only issues that sustain or
oppose the respective contentions of the original parties.
Interventions. An intervenor is bound by any
determinations that were made before he or she intervened in
the action. In other words, an intervenor must take the suit
as he or she finds it.
___ . It is generally understood that the right to intervene
does not carry with it the right to relitigate matters
already determined, and an intervenor is admitted to the
proceeding as it stands with respect to any pending issues.
Appeal and Error. An issue not presented to or
decided by the trial court is not appropriate for
consideration on appeal.
from the District Court for Sarpy County: William B. Zastera,
Heimann, Bonnie M. Boryca, and Karen M. Keeler, of Erickson
& Sederstrom, PC, for appellants.
H. Dahlk and Victoria H. Buter, of Kutak Rock. L.L.P., and
Ronald E. Reagan, of Reagan, Melton & Delaney, L.L.P, for
appellee Streck, Inc.
E. Welch, Jr., and Damien J. Wright, of Welch Law Firm, PC,
for appellee Constance "Connie" Ryan.
Heavican, C.J., Wright, Cassel, Stacy, and Funke, JJ.
case involves an appeal from an order denying intervention in
a corporate dissolution action. Because we find the
intervenors are seeking only to relitigate matters [297 Neb.
763] already decided by the court, we affirm the order
Inc., is a Nebraska corporation with its principal place of
business in La Vista, Sarpy County, Nebraska. The company
manufactures hematology, immunology, and molecular biology
products for clinical and research laboratories.
was founded by Dr. Wayne L. Ryan in 1971. Dr. Ryan is one of
Streck's directors and is the sole beneficiary of the
Wayne L. Ryan Revocable Trust (RRT), which owns 33 percent of
Streck's voting stock and a majority of Streck's
nonvoting stock. The sole trustee of the RRT is Dr.
Ryan's daughter Carol Ryan. Dr. Ryan is also the primary
beneficiary of his late wife's trust, the Eileen Ryan
Revocable Trust (ERRT), which owns about 40 percent of
Streck's nonvoting stock.
of Dr. Ryan's daughters, Constance Ryan (Connie), is the
president and chief executive officer of Streck. Connie holds
a majority of Streck's voting stock and about 8 percent
of its nonvoting stock.
Ryan, one of the intervenors in this action, is also one of
Dr. Ryan's daughters. Stacy redeemed her voting and
nonvoting shares of Streck several years ago, but she remains
an income beneficiary of the ERRT, which, as stated
previously, owns nonvoting shares of Streck.
Lawsuit Between RRT and Streck
October 2014, the RRT filed suit against Streck and Connie in
the Sarpy County District Court. The suit alleged shareholder
oppression under Neb. Rev. Stat. § 21-20, 162 (Reissue
2012) and breach of fiduciary duty. The relief sought