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ONDRAK v. MATIS

No. S-04-764.

699 N.W.2d 367 (2005)

270 Neb. 46

Steven M. ONDRAK, appellant and cross-appellee, v. Lizabeth L. MATIS, appellee and cross-appellant.

Supreme Court of Nebraska.

June 24, 2005.

Attorney(s) appearing for the Case

Thomas J. Watson, of Nye, Hervert, Jorgensen & Watson, P.C., Kearney, for appellant.

Timothy P. Brouillette, of Elliott & Brouillette, L.L.P., North Platte, for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

CONNOLLY, J.

The appellant, Steven M. Ondrak, sought specific performance on a contract for the sale of property. After Ondrak filed a notice of lis pendens—but before service was perfected—the appellee, Lizabeth L. Matis, sold the property to a third party, Jim and Doris Wilson. Ondrak did not join the Wilsons as parties to the suit. The district court determined that the property at issue was personal property...

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