S-13-0073, Sherry Hara v. Russell Reichert
Scotts Bluff County, Hon. Leo Dobrovolny
Attorneys: Todd Morten, Island & Huff --- Robert Brenner
Civil: issue preclusion
Proceedings Below: Reichert brought an action against Hara in small claims court in Dundy County and recovered a judgment of $3500. Hara appealed, but later dismissed that appeal and filed a declaratory judgment action in Scotts Bluff County Court. Reichert filed a motion to dismiss the county court action. Hara did not appear and that motion was granted. Hara then filed the same action in Scotts Bluff District Court. Reichert again filed a motion to dismiss. The district court granted the motion, finding that the district court action was precluded by the small claims court judgment.
Issues on Appeal: Whether the small claims court judgment had a preclusive effect for the subsequent district court action.