Sindelar v. Hanel Oil, Inc.

NATURE OF CASE

Hanel Oil, Inc. (Hanel), moved for summary judgment on the basis that the action filed by Glenn Sindelar, as trustee of Silver Creek Farms; Glenn Sindelar; Melvin Sindelar; and Lois Sindelar (the appellants) was time barred. Following a hearing, the district court granted Hand’s motion for summary judgment. However, no record was made of the hearing on this motion. On appeal, relying on Neb. Ct. R. of Prac. 5A(1) (rev. 1996), the Nebraska Court of Appeals found that the failure to make a verbatim record prevented the Court of Appeals from reviewing the district court’s ruling on…