Bohling v. Tecumseh Poultry, LLC

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Bohling v. Tecumseh Poultry, LLC

Case Number
Call Date
March 30, 2023
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-22-0604 Kimberly Bohling (Appellant) v. Tecumseh Poultry, LLC (Appellee)

Appeal from the District Court for Lancaster County, Judge Ryan S. Post

Attorneys: Joy Shiffermiller (Shiffermiller Law Office, P.C., L.L.O. for Appellant) and Marcia A. Washkuhn and Meaghan M. Gandy (Kutak Rock, LLP for Appellee) 

Civil: Malicious Prosecution

Proceedings below: Appellant was charged with multiple crimes after Appellee’s property was burglarized and vandalized.  After trial, Appellant was acquitted on all charges except one misdemeanor count of trespass, so Appellant filed suit against Appellee for Malicious Prosecution, and the district court granted Appellee’s Motion to Dismiss with prejudice.  On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.

Issues: Appellant makes the following assignments of error:  1) The trial court erred in granting the Motion to Dismiss; 2) The trial court erred in determining that the Johnson County District Court order dismissing the Malicious Prosecution claim as premature, was a finding on the merits resulting in issue preclusion on the current lawsuit; and 3) The trial court erred in finding that the complaint failed to adequately plead a cause of action for Malicious Prosecution or at least allowing her to amend the complaint if it were deficient.

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