S-22-0777 Meredith A. Duncan O’Connell and Shawn O’Connell (Appellants) v. Jacinta Land Holdings 7 LLC, A Limited Liability Company (Appellee)
Appeal from the District Court for Lancaster County, Judge Robert R. Otte
Attorneys: Terry K. Barber (Barber & Barber, P.C., L.L.O. for Appellant) and Marc Odgaard (for Appellee)
Civil: Real Estate Tax Deed, Motion to Dismiss, and Motion for Summary Judgment
Proceedings below: Appellants brought an action to quiet title and set aside a real estate tax deed. Appellees filed a Motion to Dismiss and a Motion for Summary Judgment, and the trial court sustained both motions. 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 sustaining Jacinta’s motion to dismiss, when genuine disputes remain as to material facts and the ultimate inferences that may be drawn from those facts, thereby making them actionable; and 2) The District Court erred in granting Jacinta summary judgment, when genuine disputes remain as to material facts and the ultimate inferences that may be drawn from those facts.