FEDERAL NATIONAL MORTG. ASS'N v. MARCUZZO

No. S-13-929.

854 N.W.2d 774 (2014)

289 Neb. 301

FEDERAL NATIONAL MORTGAGE ASSOCIATION, appellee, v. Brian S. MARCUZZO and Donna M. Marcuzzo, appellants.

Supreme Court of Nebraska.

Filed October 17, 2014.


Attorney(s) appearing for the Case

Douglas W. Ruge , P.C., L.L.O., for appellants.

Dustin J. Kessler , of Fitzgerald, Schorr, Barmettler & Brennan, P.C., L.L.O., Omaha, for appellee.

Heavican, C.J., Wright, Connolly, Stephan, McCormack, Mille-Lerman, and Cassel, JJ.


Cassel, J.

INTRODUCTION

Our case law requires a court to dismiss a forcible entry and detainer action upon receiving evidence of the existence of a title dispute. We must decide whether the rule applies where, after the defendants had merely alleged the existence of a title dispute, the plaintiff obtained a continuance without confessing the nature of a pending district court action. Thus, by the time the county court was presented with evidence regarding...

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