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First National Bank of Omaha v. Omaha National Bank

Supreme Court of Nebraska

214 N.W.2d 483 (1974)

Relevant factsFree

Omaha National Bank (defendant), the tenant under a 50-year lease, stopped paying rent, taxes, and insurance as the lease required, and the lease contained no acceleration clause. First National Bank of Omaha (plaintiff), the landlord, sued and won damages for the amounts accrued through judgment; when the tenant kept withholding payment, the landlord sued again for newly accrued damages. The trial court awarded those new damages but also purported to retain jurisdiction and declared that its judgment would automatically 'mature' as to each future unpaid rent, tax, and insurance installment as it came due, letting the landlord execute on the judgment for future amounts without a new suit. The tenant appealed, arguing the trial court lacked jurisdiction to enter judgment for sums the tenant hadn't yet even failed to pay.

IssueFree

Whether a landlord may obtain a present judgment covering a tenant's future rent, tax, and insurance obligations under a lease that contains no acceleration clause.

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