District Judge James G. Kube Sits with Nebraska Supreme Court

District Judge James G. Kube Sits with Nebraska Supreme Court

Thursday, February 2, 2023

Nebraska District Court Judge James G. Kube of Madison, Nebraska, was invited to sit with the Nebraska Supreme Court on February 1, 2023.

Kube heard arguments in the case of S-22-0191 Constance Ryan v. Stacy Ryan, John Ryan Coffey, Sean Coffey, Tim Coffey, and Steve Ryan, in his individual capacity as the Personal Representative for the Estate of Dr. Wayne Ryan, and together with the First Nebraska Trust Company, as co-trustees for the Wayne L. Ryan Revocable Trust, Carol Ryan, and Timothy Ryan.  The parties entered into a settlement which resolved all matters, and the trial court reviewed and approved the settlement agreement, dismissed the matter, and clarified that the order was a final judgment pursuant to Neb. Rev. Stat. § 25-1315.  On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.

Kube also heard arguments in the case of S-22-252 In re Estate of Wayne L. Ryan.  Appellant filed an objection to the probate of Decedent’s 2015 Will and 2015 Codicil, and Appellees sought dismissal of Appellant’s objection.  The trial court sustained Appellee’s Motion and dismissed the matter 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.

Kube sat in place of Justice Jeffrey J. Funke, who was recused from this case. Justices Papik and Stacy were also recused. The Court session was held in the Supreme Court Courtroom of the Nebraska State Capitol in Lincoln.

Seven justices make up the Nebraska Supreme Court: Chief Justice Mike Heavican and six associate justices. On occasion, a justice must recuse him or herself from a case, and a judge from a district court or the Court of Appeals is asked to sit with the Supreme Court.  

The February 1, 2023, oral arguments can be viewed on the Court’s archive.

Reporters:

Screen shot from argument session on Nebraska Public Media:

(L to R) Judge James Kube, Justice Lindsey Miller-Lerman, Chief Justice Mike Heavican, Justice William Cassel, and Justice John Freudenberg. Recording Court arguments is Allyson Stewart.