Chambers v. Bringenberg

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Chambers v. Bringenberg

Additional Case Names

10:40am

Case Number
S-20-0593
Call Date
May 27, 2021
Case Time
9:00 AM
Court Number
Lancaster
Case Location
Lincoln
Court Type
District Court
Case Summary

S-20-0593 James Chambers, Personal Representative of the Estate of David Chambers v. Angie Bringenberg (Appellant)

Lancaster County District Court, Hon. Darla S. Ideus

Attorneys: Brian S. Koerwitz (Endacott Peetz & Timmer, PC LLO, for Appellant); Christina L. Usher, J.L. Spray, Andrew R. Spader (Mattson Ricketts Law Firm, for Appellee)

Civil: Summary judgment

Proceedings below: The district court granted Appellee’s motion for partial summary judgment finding the transfer on death deed was void. As part of this order, the district court directed Appellant to issue a deed transferring title to the estate of Eleanor Chambers. The order was revised through an order nunc pro tunc that was issued to correct a date referenced in the earlier order. That order also granted Appellee’s motion to dismiss Appellant’s counterclaim and awarded Appellee costs.  

Issues on Appeal: 1) Whether the district court erred in finding that the transfer on death deed was void as a result of not being signed by David Chambers; 2) if the Appellate Court finds that the transfer on death deed is subject to Neb. Rev. Stat. § 40-104, then the district court erred in a) finding that David Chambers had a homestead interest in the real estate, b) finding that Eleanor Chambers had a homestead interest in the real estate and that Neb. Rev. Stat. § 40-104 applied to her homestead, and c) by not finding that David Chambers’ claim of homestead was waived through the premarital agreement; 3) whether the district court erred in sustaining Appellee’s objections to Exhibits 11, 16, 17 and 19; 4) whether the district court erred in failing to consider that the premarital agreement was recorded, meets the requirements of a deed, and effectively operates as a release of David Chambers’ interest in the real estate; and 5) whether the district court erred in dismissing Appellant’s counterclaim.

Schedule Code
SC