S-23-0157 Christopher Mathiesen (Appellant) v. Kristi Kellogg (Appellee) v. Apostle Nursing Home Health Care, LLC
Appeal from District Court for Douglas County, Judge Timothy P. Burns
Attorneys: Christopher Mathiesen (Self Represented Appellant) and Christian T. Williams (Domina Law Group, PC, LLO for Appellee).
Civil: Motion to Dismiss and Plea in Abatement
Proceedings below: Appellee filed a Motion to Dismiss or Strike, and the district court treated it as a Plea in Abatement, granted it, and then dismissed the action. 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 arguments on appeal: 1) The district court’s order of dismissal was an error of law as plea in abatement is disallowed in civil cases; 2) The district court erred by failing to find that Appellee owes a duty to account to Appellant; 3) The district court erred by failing to determine that Appellee persistently violated her fiduciary duty to account and judicially expelling her; and 4) The district court erred by failing to find that Appellee is no longer a member of the LLC because of the unanimous vote of other members.