Payless Building Center, Inc. v. Wilmoth

The plaintiff-appellant, Payless Building Center, Inc., doing business as Builders HOW-TO Warehouse, seeks the foreclosure of a construction lien against realty titled in the defendantsappellees, L. Dean Wilmoth and Shirley Wilmoth, cotrustees of the L. Dean Wilmoth and Shirley Wilmoth revocable living trust dated April 26, 1994. The district court dismissed the action, concluding that being titled in the names of protected parties under the Nebraska Construction Lien Act, Neb. Rev. Stat. § 52-125 et seq. (Reissue 1993), the property was exempt from foreclosure. Payless thereupon appealed and…