S-22-0673 Boone River LLC and 11T NE, LLC, Nebraska Limited Liability Companies (Appellees) v. Nancy J. Miles and Cheryl L. Bettin (Appellants) and Robert R. Moninger

Appeal from the District Court for Douglas County, Judge LeAnne M. Srb

Attorneys:  Ronald E. Reagan, Aimee S. Melton, and Megan E. Shupe (Reagan, Melton & Delaney LLP for Appellants) and Marc Odgaard (Attorney for Appellees)

Civil:   Standing, Joinder, and Unjust Enrichment

Proceedings below:   District court determined that plaintiffs were properly joined, that plaintiffs had standing, and that plaintiffs’ claim was not precluded by res judicata. After a bench trial, district court found that defendants had been unjustly enriched and entered judgment in favor of plaintiffs.  On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.

Issues: Appellant makes the following assignments of error:  1) The District Court erred in concluding Appellees/Plaintiffs were properly joined in the action; 2) The District Court erred by concluding Appellees/Plaintiffs, individually and collectively, possessed standing to maintain the action for unjust enrichment; 3) The District Court erred in concluding Appellees/Plaintiffs, individually and collectively, were not precluded from bringing the action under the principles of res judicata; 4) The District Court erred by refusing to consider or admit evidence on issues argued to a predecessor judge during a hearing on Appellants’ Motion for Summary Judgment which was ultimately denied; 5) The District Court erred by finding Appellants were unjustly enriched; and 6) The District Court erred by failing to allocate and specify what portion of any judgment for unjust enrichment was due to each, or both, Appellees/Plaintiffs.