unjust enrichment claim in Nebraska

2024Cite as 316 Neb. 952 the unjust enrichment claim and denying the necessary ele- ment of damages in its breach of contract action, the breach of contract action remained pending because the district court did not grant or deny relief.

2024In its brief on appeal, Dolton Electric directs out attention to ABC Elec., Inc. v. Nebraska Beef, Ltd., 249 F.3d 762 (8th Cir. 2001).

2023Rather, they dispute only whether the quiet title suit and Boone River’s present claim for unjust enrichment involved the same “cause of action.” See Schaeffer, 313 Neb. at 346 , 984 N.W.2d at 298 .

2023Rather, they dispute only whether the quiet title suit and Boone River’s present claim for unjust enrichment involved the same “cause of action.” See Schaeffer, 313 Neb. at 346 , 984 N.W.2d at 298 .

2022Accordingly, we conclude the district court did not commit plain error in granting summary judgment in favor of Barbara on Smith’s counterclaim. 28 Diamond v. State, 302 Neb. 892 , 926 N.W.2d 71 (2019). 29 In re Estate of Soule, 248 Neb. 878 , 540 N.W.2d 118 (1995). 30 Great Northern Ins.

2022Accordingly, we conclude the district court did not commit plain error in granting summary judgment in favor of Barbara on Smith’s counterclaim. 28 Diamond v. State, 302 Neb. 892 , 926 N.W.2d 71 (2019). 29 In re Estate of Soule, 248 Neb. 878 , 540 N.W.2d 118 (1995). 30 Great Northern Ins.

2022Accordingly, we conclude the district court did not commit plain error in granting summary judgment in favor of Barbara on Smith’s counterclaim. 28 Diamond v. State, 302 Neb. 892 , 926 N.W.2d 71 (2019). 29 In re Estate of Soule, 248 Neb. 878 , 540 N.W.2d 118 (1995). 30 Great Northern Ins.

2022Accordingly, we conclude the district court did not commit plain error in granting summary judgment in favor of Barbara on Smith’s counterclaim. 28 Diamond v. State, 302 Neb. 892 , 926 N.W.2d 71 (2019). 29 In re Estate of Soule, 248 Neb. 878 , 540 N.W.2d 118 (1995). 30 Great Northern Ins.

2022The district court relied heavily upon an opinion of the Arkansas Court of Appeals, Trickett v. Spann, 2020 Ark.

2021We therefore do not address the unjust enrichment claim. - 42 - Nebraska Court of Appeals Advance Sheets 30 Nebraska Appellate Reports AURORA TECHNOLOGY v. LABEDZ Cite as 30 Neb.

2020Washa v. Miller, 249 Neb. 941 , 546 N.W.2d 813 (1996).

2020Washa v. Miller, 249 Neb. 941 , 546 N.W.2d 813 (1996).

2017We find that the district court did not abuse its discretion in failing to grant a default judgment on the unjust enrichment claim, but that it should have granted a default judgment against Probandt on the - 37 - Nebraska Court of A ppeals A dvance Sheets 25 Nebraska A ppellate R eports WALKER v. PROBANDT Cite as 25 Neb.