Opinion
Nos. S-00-296, S-00-297.
Filed October 5, 2001.
Appeals from the District Court for Sarpy County: RONALD E. REAGAN, Judge. Supplemental opinion: Former opinion modified. Motion for rehearing overruled.
W. Craig Howell and Nora M. Kane, of Domina Law, P.C., for appellants.
Richard C. Gordon and Betty L. Egan, of Walentine, O'Toole, McQuillan Gordon, for appellee Kendel Homes Corp.
Thomas M. Locher and Thomas M. Braddy, of Locher, Cellilli, Pavelka Dostal, L.L.C., for appellee City of Papillion.
HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.
SUPPLEMENTAL OPINION
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 at 277, 631 N.W.2d at 858, is withdrawn, and the following paragraph is substituted in its place: "Joinder is discretionary.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.