Legal Opinion

Merz v. Seeba

Nebraska Supreme Court

Decided March 3, 2006No. S-04-1129PublishedCited by 6 opinions

1Opinion of the CourtConnolly, 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 Merz (Nelson) filed this action in 1990 against John Seeba seeking an accounting and divestment of stock. Merz held shares in Salem Grain Company, Inc. (Salem),…

2Cases cited8 opinions

  1. Van Pelt v. GreathouseNebraska Supreme Court · 1985
  2. American States Insurance v. AlbinMichigan Court of Appeals · 1982
  3. Larew v. Iowa State Highway CommissionSupreme Court of Iowa · 1963
  4. Kawahara v. Yokohama Specie Bank, Ltd.California Court of Appeal · 1948
  5. State Ex Rel. City of Grand Island v. TillmanNebraska Supreme Court · 1962

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3Cited by6 opinions

  1. Cleaver-Brooks, Inc. v. Twin City Fire Ins. Co.Nebraska Supreme Court · 2015
  2. Wise v. Omaha Public SchoolsNebraska Supreme Court · 2006
  3. Crouse v. Pioneer Irrigation DistrictNebraska Supreme Court · 2006
  4. Risor v. Nebraska BoilerNebraska Supreme Court · 2008
  5. McLeay v. Bergan Mercy Health Systems Corp.Nebraska Supreme Court · 2006

1 more not listed; retrieve them via the Exa API.

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