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Heritage Bank v. Gabel

Supreme Court of Nebraska

February 9, 2018

Heritage Bank, Trustee of the Charles L. Gabel Revocable Trust, appellee,
v.
James L. Gabel et al., APPELLANTS.

         1. 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 of law.

         2. Judgments: Words and Phrases. According to Neb. Rev. Stat. § 25-1301(1) (Reissue 2016), a judgment is the final determination of the rights of the parties in an action.

         3. Judgments. A judgment must be sufficiently certain in its terms to be able to be enforced.

         Appeal from the District Court for Polk County: Rachel A. Daugherty, Judge. Reversed and remanded for further proceedings.

          John C. Hahn, of Wolfe, Snowden, Hurd, Luers & Ahl, L.L.R, for appellants.

          Kent E. Rauert and Samuel R. O'Neill, of Svehla Law Offices, P.C., L.L.O., for appellee.

          Heavican, C.J., Miller-Lerman, Cassel, Stacy, Kelch, and Funke, JJ.

          [298 Neb. 962] KELCH, J.

         INTRODUCTION

         Heritage Bank, as trustee of the Charles L. Gabel Revocable Trust (Trust), brought an action for forcible entry and detainer against James L. Gabel (James), C.J. Land & Cattle, L.R, and MCGFF, LLC (collectively Appellants), after James failed to pay rent on farmland in accordance with a lease agreement. The district court for Polk County granted summary judgment in favor of Heritage Bank, and Appellants now appeal. Upon our review of the record, we discern genuine issues of material fact. Therefore, we reverse, and remand for further proceedings.

         FACTS

         Charles L. Gabel (Charles) owned various parcels of farmland in Polk County. He and his son, James, farmed the land together for at least 30 years.

         On February 8, 2008, Charles established the Trust and transferred the farmland to the Trust. The Trust named Charles as the initial trustee and James as the successor trustee. Charles, as trustee, leased the farmland to C.J. Land & Cattle, of which James was the general partner, for a term of 20 years. Payment due under the lease was 30 percent of the crops produced on the land each year, to be delivered no later than March 1 of the following year.

         On May 5, 2010, C.J. Land & Cattle, through James as its general partner, assigned all of its rights under the lease to MCGFF. On March 1, 2011, the Trust leased the land directly to MCGFF, under the same terms as ...


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