Heritage Bank, Trustee of the Charles L. Gabel Revocable Trust, appellee,
James L. Gabel et al., APPELLANTS.
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
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
Judgments. A judgment must be sufficiently
certain in its terms to be able to be enforced.
from the District Court for Polk County: Rachel A. Daugherty,
Judge. Reversed and remanded for further proceedings.
C. Hahn, of Wolfe, Snowden, Hurd, Luers & Ahl, L.L.R, for
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
Neb. 962] KELCH, J.
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
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.
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.
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 ...