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IODENCE v. POTMESIL

No. 89-482.

476 N.W.2d 554 (1991)

239 Neb. 387

William J. IODENCE, Appellant, v. John POTMESIL, Appellee.

Supreme Court of Nebraska.

November 1, 1991.

Attorney(s) appearing for the Case

Frederick B. Allan, Jr., of Allan, Brauer & Mullally, Seward, for appellant.

Terry Curtiss, of Curtiss, Moravek & Curtiss, P.C., Alliance, for appellee.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.

FAHRNBRUCH, Justice.

William J. Iodence appeals an order of the district court for Box Butte County affirming the issuance of an injunction by the Box Butte County Court which prohibits Iodence from replanting a grove of trees mowed down by the appellee, John Potmesil.

Since the county court lacked jurisdiction to order injunctive relief in this type of case, we reverse the ruling of the district court and remand...

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