Sparks v. Mach

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Sparks v. Mach

Case Number
Call Date
May 23, 2023
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-21-1041 Kayleen Sparks (Appellant) v. David Mach, Special Administrator of the Estate of Leo Mach, deceased (Appellee).

Appeal from the District Court for Douglas County, Judge Todd O. Engleman

Attorneys:  William J. Pfeffer (Pfeffer Law Offices for Appellant) and Kyle Wallor (Lamson Dugan & Murray LLP for Appellee)

Probate: Summary Judgment

Proceedings Below:  After Appellant filed a complaint against an estate, Appellee filed a Motion for Summary Judgment, which the trial court granted and then dismissed the complaint with prejudice.  On appeal, the Court of Appeals affirmed that decision in Sparks v. Mach, 31 Neb.App. 461, 982 N.W.2d 834 (2022).  Appellant filed a Petition for Further Review, which the Supreme Court sustained and transferred this matter to its docket.

Issues: In the Petition for Further Review, Appellant makes the following statement of errors:  1) The Court of Appeals erred in finding that the Petitioner’s original Complaint was a legal nullity and that any potential error was not rectified before the running of the statute of limitations; and 2) The Court of Appeals erred in finding that the Amended Complaint did not relate back to the original Complaint.

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