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CUMMINS MANAGEMENT, L.P. v. GILROY

No. S-02-785.

667 N.W.2d 538 (2003)

266 Neb. 635

CUMMINS MANAGEMENT, L.P., a Texas limited partnership, Appellee, v. John M. GILROY and Cynthia H. Gilroy, Appellants.

Supreme Court of Nebraska.

August 15, 2003.

Attorney(s) appearing for the Case

John A. Sellers for appellants.

Duane M. Katz, Omaha, for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

CONNOLLY, J.

The dispositive issue in this case is whether a district court has subject matter jurisdiction over a forcible entry and detainer action when, to resolve the action, the court must determine a title dispute. Because we conclude that the district court lacked subject matter jurisdiction, we dismiss this appeal.

BACKGROUND

To secure a note, appellants, John M. Gilroy and Cynthia H. Gilroy, executed and delivered to Robert L. Cummins a...

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