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CHICAGO LUMBER CO. OF OMAHA v. SELVERA

No. S-10-741.

809 N.W.2d 469 (2011)

282 Neb. 12

The CHICAGO LUMBER COMPANY OF OMAHA, a Nebraska corporation, appellant, v. JoAnn SELVERA, an individual, et al., appellees.

Supreme Court of Nebraska.

August 5, 2011.

Attorney(s) appearing for the Case

Angela L. Burmeister and Angela M. Boyer , of Berkshire & Burmeister, Omaha, for appellant.

Emmett D. Childers , of Hillman, Forman, Childers & McCormack, Omaha, for appellee JoAnn Selvera.

HEAVICAN, C.J., CONNOLLY, GERRARD, STEPHAN, and MILLER-LERMAN, JJ.

CONNOLLY, J.

The Chicago Lumber Company of Omaha (Chicago Lumber) recorded a construction lien on JoAnn Selvera's home and sued to foreclose the lien. Selvera brought a counterclaim under Neb.Rev. Stat. § 52-157 (Reissue 2010), which provides a remedy against claimants who, in bad faith, file liens, overstate liens, or refuse to release liens. Chicago Lumber eventually withdrew its foreclosure action and released its lien, but Selvera maintained

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