Anderson v. Matthis

By petition, Virgil D. Anderson and Rose M. Anderson asked a district court to declare that Elaine J. Matthis, as an owner and user of an easement on the Andersons’ property, and Matthis’ successors are responsible for half the cost of maintaining and improving the real estate on which the easement is located.

Matthis filed a “pretrial motion to dismiss” in which she claims that res judicata bars the Andersons’ lawsuit. The district court for Douglas County sustained Matthis’ motion to dismiss. The Andersons appealed.

Because Nebraska does not recognize a pretrial motion to dismiss as a…