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MERZ v. SEEBA

No. S-04-1129.

710 N.W.2d 91 (2006)

271 Neb. 117

Nelson MERZ, appellee, and Douglas E. Merz, appellant, v. John SEEBA, appellee.

Supreme Court of Nebraska.

March 3, 2006.

Attorney(s) appearing for the Case

J.L. Spray and Reginald S. Kuhn, of Mattson, Ricketts, Davies, Stewart & Calkins, Lincoln, for appellant.

John M. Guthery and Shawn P. Dontigney, of Perry, Guthery, Haase & Gessford, P.C., L.L.O., Lincoln, for appellee John Seeba.

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

CONNOLLY, J.

Douglas E. Merz (Douglas) appeals the district court's order denying his motion to intervene and motion for a new trial. In 2004, Douglas sought to intervene in an action filed in 1990. The district court dismissed the intervention action for two reasons: (1) It was not properly revived and (2) equitable principles prevented intervention. Because the 10-year delay in seeking intervention was unreasonable, we affirm.

BACKGROUND

Nelson...

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