Streck, Inc. v. Ryan Family, 297 Neb. 773

Streck, Inc. sued Ryan Family, L.L.C. seeking specific performance of an option to purchase real property leased to Streck, alleging the option was validly exercised and closing did not occur.
The L.L.C. is managed by two co-managers (Wayne and Connie Ryan); a receiver was appointed at the co-managers’ joint request to represent the L.L.C. in the lawsuit after managerial deadlock.
The receiver filed an answer and counterclaim on behalf of the L.L.C., asserting Streck was in default when it attempted to exercise the option.
Stacy Ryan (a ~20% nonmanaging member) filed a complaint in intervention seeking to intervene both individually and derivatively on behalf of the L.L.C., challenging receiver conduct and the managers’ actions.
The district court denied Ryan’s motions to intervene and to continue the pending summary judgment hearing; Ryan appealed the denial of intervention.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether order denying intervention is appealable	Ryan: denial is final and appealable	Streck: § 25-1315 requires express language to make partial orders final	Court: order denying intervention is a final, appealable order under Nebraska precedent
Whether Stacy Ryan may intervene in her personal capacity	Ryan: as 20% L.L.C. member she will gain/lose financially and thus has direct legal interest	Streck/L.L.C.: member is nonmanaging, lacks authority; financial impact is indirect	Court: no—financial consequences to a member are indirect; no direct legal interest to intervene personally
Whether Ryan may intervene on behalf of the L.L.C. (derivatively)	Ryan: receiver and managers are not fully protecting L.L.C.; she should protect company interests in litigation	L.L.C./Streck: receiver was appointed and is representing the L.L.C.; managers’ authority and receiver’s role preclude member intervention	Court: no—Holmes exception inapplicable; receiver is representing L.L.C. and Ryan alleged no complete failure to protect corporate interests
Whether Ryan could expand litigation scope (challenge receiver/operating agreement)	Ryan: sought to challenge appointment and alleged manager breaches	Streck/L.L.C.: intervention limited to same core issues between original parties	Court: disallowed—intervenor may only raise issues that sustain or oppose original parties’ contentions; challenges were beyond dispute over lease/option

Ruzicka v. Ruzicka, 262 Neb. 824 (appellate review of intervention is de novo)
Spear T Ranch v. Knaub, 271 Neb. 578 (requirements for intervention; intervenor must allege direct legal interest)
Basin Elec. Power Co-op v. Little Blue N.R.D., 219 Neb. 372 (order denying intervention treated as final)
Steinhausen v. HomeServices of Neb., 289 Neb. 927 (LLC member cannot maintain individual claim for wrongs to the LLC)
State v. Holmes, 60 Neb. 39 (limited exception allowing shareholder to intervene when corporation wholly fails to protect stockholders)