Federal National Mortgage Association v. Marcuzzo

Summary

The Nebraska Supreme Court affirmed a district court judgment upholding a county court’s exercise of jurisdiction in a forcible entry and detainer action. The court held that a mere allegation of a title dispute did not divest the county court of jurisdiction, and that the title dispute had been resolved by the time evidence concerning it was presented. The court found no plain error in the county court’s continuation of the case or issuance of a writ of restitution.

Holdings

1. A mere averment that title is disputed in another action does not automatically divest the court hearing a forcible entry and detainer action of jurisdiction. The court may proceed until competent evidence demonstrates that resolution of the possession action requires determination of title.
2. The county court retained jurisdiction to enter the writ of restitution because, when evidence concerning the title dispute was presented, the dispute had already been resolved and no present title question remained for determination.
3. When no timely statement of errors is filed in an appeal from county court to district court, appellate review is limited to plain error; jurisdictional issues nevertheless must be considered because an appellate court must independently determine its jurisdiction.

Questions Presented

1. Whether the county court lacked jurisdiction to continue the forcible entry and detainer action after the Marcuzzos alleged that a separate action challenged title to the property.
2. Whether the county court lacked jurisdiction to enter a final restitution order after evidence of the title litigation was presented.
3. Whether the district court committed plain error in affirming the county court's judgment.

Disposition

affirmed