R. Mondelli v. Kendel Homes Corporation

641 N.W.2d 624, 262 Neb. 663, 2001 Neb. LEXIS 162

• Court: Nebraska Supreme Court
• Decided: October 5, 2001
• Docket: S-00-296, S-00-297
• Status: Published

Opinion

Per Curiam.

Cases Nos. S-00-296 and S-00-297 are before this court on the motion for rehearing of the appellee Kendel Homes Corporation regarding our opinion reported at Mondelli v. Kendel Homes Corp., ante p. 263, 631 N.W.2d 846 (2001). We overrule the motion, but for purposes of clarification, modify the opinion as follows:

In that portion of the opinion designated “(c) Motion for Joinder,” the last paragraph under that section, id. at 277, 631 N.W.2d at 858, is withdrawn, and the following paragraph is substituted in its place: “Joinder is discretionary. See Neb. Rev. Stat. § 25-705 (Cum. Supp. 1998). We conclude that based on the record, the district court did not abuse its discretion in refusing to join all of the claims into one action.”

The remainder of the opinion shall remain unmodified.

Former opinion modified.

Motion for rehearing overruled.