Schaaf v. Schaaf

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Schaaf v. Schaaf

Case Number
S-21-0251
Call Date
January 6, 2022
Case Time
9:00 AM
Court Number
Holt
Case Location
Lincoln
Court Type
District Court
Case Summary

S-21-0251 Daniel D. Schaaf and Ronald R. Schaaf, Co-Personal Representatives of the Estate of Lorene M. Schaaf (Appellants) v. Tommy B. Schaaf and Susan M. Schaaf

District Court for Holt County, Hon. Mark Kozisek

Attorneys: Bradley D. Holbrook and Elizabeth J. Klingelhoefer (Jacobsen, Orr, Lindstrom & Holbrook, P.C., L.L.O.) (Appellants) --- Lyle Joseph Koenig (Koenig Law Firm)

Civil: Estate administration; jurisdiction

Proceedings Below: The district court dismissed Appellant’s case for lack of subject matter jurisdiction.

Issues: Whether the district court erred in 1) dismissing Appellants’ case because Appellants’ case did not “cease to exist” upon the filing of Appellants’ voluntary dismissal without prejudice; instead, a final submission, that had not been revised or set aside, divested Appellants of their statutory right to voluntarily dismiss the case and therefore, necessitated the district court’s order on the same, 2) dismissing Appellants’ case because Appellants’ case did not “cease to exist” upon the filing of Appellants’ voluntary dismissal without prejudice; instead, Nebraska Revised Statute § 25-602 precluded a voluntary dismissal without the district court’s order on the same, 3) finding that it lacked jurisdiction to reinstate the Appellants’ case because it had jurisdiction over Appellants’ case on the date the Motion to Vacate/Reinstate was filed, and 4) dismissing Appellants’ case because after the case was properly reinstated, it continued from Appellants’ original complaint and service.

Schedule Code
SC