24TH & DODGE LIMITED PARTNERSHIP v. ACCEPTANCE INS. CO.

No. S-02-447.

690 N.W.2d 769 (2005)

269 Neb. 31

24th & DODGE LIMITED PARTNERSHIP, appellant, v. ACCEPTANCE INSURANCE COMPANY, a Nebraska corporation, et al., appellees.

Supreme Court of Nebraska.

January 7, 2005.


Attorney(s) appearing for the Case

James D. Sherrets and Theodore R. Boecker, Jr., of Sherrets & Boecker, L.L.C., Omaha, for appellant.

Patrick B. Griffin, of Kutak Rock, L.L.P., Omaha, for appellees Acceptance Insurance Company and Acceptance Insurance Companies.

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


McCORMACK, J.

NATURE OF CASE

The appellant, 24th & Dodge Limited Partnership (24th & Dodge), brought an action for wrongful declaration of default and wrongful foreclosure by the appellees, Acceptance Insurance Company, a Nebraska corporation (Nebraska Acceptance); Acceptance Insurance Companies, a Delaware corporation doing business in Nebraska (Delaware Acceptance); and John J. Jolley, Jr., trustee. The appellees demurred to 24th & Dodge's...

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