Stuthman v. Stuthman

507 N.W.2d 674, 2 Neb. Ct. App. 173, 1993 Neb. App. LEXIS 418
CourtNebraska Court of Appeals
DecidedNovember 2, 1993
DocketA-92-043
StatusPublished
Cited by1 cases

This text of 507 N.W.2d 674 (Stuthman v. Stuthman) is published on Counsel Stack Legal Research, covering Nebraska Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stuthman v. Stuthman, 507 N.W.2d 674, 2 Neb. Ct. App. 173, 1993 Neb. App. LEXIS 418 (Neb. Ct. App. 1993).

Opinion

Irwin, Judge.

On July 2, 1991, appellee lessor, Elsie Stuthman, filed a petition in the Colfax County Court seeking the return of certain real property in the possession of appellant lessee, Paul Stuthman. On July 23,1991, the county court found that (1) the parties had originally entered into a farm lease; (2) the lease “terminated by its own terms” on February 28, 1991; (3) the lease had not been extended by the parties; and (4) Elsie had given Paul 3 days’ notice to vacate, which had lapsed, and therefore, Elsie was entitled to possession of the property. Paul properly appealed the order of the county court to the Colfax County District Court. On December 23, 1991, the district court found that the lease had expired and that neither party had taken action to extend the lease. Therefore, the district court affirmed the county court’s order. Paul subsequently perfected this appeal.

On appeal, Paul essentially asserts that the county court lacked jurisdiction over the proceedings. For reasons other than those put forth by appellant, we reverse the order of the district court affirming the judgment of the county court and direct the district court to remand the cause to the county court for a hearing consistent with this opinion.

SCOPE OF REVIEW

The issue on appeal is a question of law concerning the rights of a landlord and a tenant under a farm lease. Regarding *175 questions of law, an appellate court has an obligation to reach a conclusion independent from a trial court’s conclusion in a judgment under review. Young v. Dodge Cty. Bd. of Supervisors, 242 Neb. 1, 493 N.W.2d 160 (1992); Huffman v. Huffman, 232 Neb. 742, 441 N.W.2d 899 (1989).

STATUTORY INTERPRETATION

The farm lease is present in the record. The parties entered into the lease on March 25,1990, and by its own terms, the lease was to expire without notice on February 28, 1991, since the parties had specifically waived notice. Paul asserts on appeal, somewhat inelegantly, that the Uniform Residential Landlord and Tenant Act, as it existed on March 25,1990, Neb. Rev. Stat. §§ 25-21,219 (Reissue 1989) and 76-1401 to 76-1449 (Reissue 1990), is inapplicable to his case because the lease is a farm lease and that therefore the county court did not acquire appropriate jurisdiction over the case. Elsie agrees that the act does not apply to this case, but claims that the “Forcible Entry and Detainer” statutes, § 25-21,219 and Neb. Rev. Stat. §§ 25-21,220 to 25-21,235 (Reissue 1989), provide the county court with jurisdiction and govern the notice requirements to evict a tenant. Elsie further asserts that the prescribed 3 days’ notice was given to Paul.

However, § 76-1408 of the act provides: “Unless created to avoid the application of sections 25-21,219 and 76-1401 to 76-1449 [Uniform Residential Landlord and Tenant Act], the following arrangements are not governed by sections 25-21,219 and 76-1401 to 76-1449 .... (7) Occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes.” (Emphasis supplied.)

When asked to interpret a statute, a court must determine and give effect to the purpose and intent of the Legislature as ascertained from the entire language of the statute considered in its plain, ordinary, and popular sense. It is the court’s duty to discover, if possible, legislative intent from the statute itself. NC+ Hybrids v. Growers Seed Assn., 219 Neb. 296, 363 N.W.2d 362 (1985). Statutes which effectuate a change in the common law should be strictly construed. Mason v. Schumacher, 231 Neb. 929, 439 N.W.2d 61 (1989).

*176 It is clear that if the statutory language in the act is considered in its plain, ordinary, and popular sense, the farm lease at issue in this case is not governed by the rules delineated in the act or in the Forcible Entry and Detainer statutes. Therefore, the outcome of this case depends upon common law, not the act or the Forcible Entry and Detainer statutes.

EVICTION OF A FARM LEASE TENANT UNDER COMMON LAW

As noted above, the lease expired by its own terms on February 28, 1991. The record contains a “Summons for Restitution of Premises Under Residential Landlord and Tenant Act or Forcible Entry and Detainer” dated July 2,1991, which gave Paul 3 days’ notice to vacate. The county court found that the lease had expired by its own terms, that notice had been given, and that Paul had refused to leave. For these reasons, the county court held that Elsie was entitled to possession of the property. Paul asserts that the county court erred and that the district court erred in affirming the judgment of the county court.

Although Paul, acting pro se, has failed to set out with particularity each error he believes was committed by the county court, it is well recognized that an appellate court always reserves the right to note plain error which was not complained of at trial or on appeal but is plainly evident from the record, and which is of such a nature that to leave it uncorrected would result in damage to the integrity, reputation, or fairness of the judicial process. In re Interest of D.M.B., 240 Neb. 349, 481 N.W.2d 905 (1992); In re Interest of G.G. et al., 237 Neb. 306, 465 N.W.2d 752 (1991). Plain error may be asserted for the first time on appeal or be noted by the appellate court on its own motion. Katskee v. Nevada Bob’s Golf of Neb., 238 Neb. 654, 472 N.W.2d 372 (1991).

Nebraska case law has long held that a farm lease which provides a termination date does not automatically expire on that date under all circumstances. Moudry v. Parkos, 217 Neb. 521, 349 N.W.2d 387 (1984). See, also, Fisher v. Stuckey, 201 Neb. 439, 267 N.W.2d 768 (1978) (stating that the tenant’s continuation on the property, as consented to by the landlord, *177 was sufficient to create a year-to-year tenancy); Barnes v. Davitt, 160 Neb. 595, 71 N.W.2d 107 (1955) (stating that the presumption of a year-to-year tenancy arises when the tenant of a farm lease holds over).

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Related

Stuthman v. Stuthman
515 N.W.2d 781 (Nebraska Supreme Court, 1994)

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Bluebook (online)
507 N.W.2d 674, 2 Neb. Ct. App. 173, 1993 Neb. App. LEXIS 418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stuthman-v-stuthman-nebctapp-1993.