Walker v. Probandt

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Walker v. Probandt

Additional Case Names
11:00am
Case Number
A-20-0299
Court Number
Dawson
Call Date
February 10, 2021
Case Time
11:00 AM
Case Summary

A-20-0299, Walker v. Probandt

Dawson County, District Judge James E. Doyle, IV

Attorney for Appellant:  Patrick M. Heng (Patrick M. Heng Law Office, P.C., LLO)

Attorney for Appellee:  Diana J. Vogt and James D. Sherrets (Sherrets Bruno & Vogt, LLC)

Civil Action: Jurisdictional Remand

Action Taken by Trial Court:  On remand from the Court of Appeals, the district court entered an order spreading the mandate and entered judgment against Probandt in the amount of $2,184,530 and set an evidentiary hearing to determine the credit to be applied to the judgment against Raynor. Raynor filed a motion to vacate for lack of subject matter jurisdiction. The district court denied the motion, finding ruled that on mandate, it did not have jurisdiction to vacate the judgment and was confined to only act upon the appellate court’s mandate. The court entered a $450,000 credit applied to the judgment against Raynor. Raynor filed a motion for a new trial, and the court determined after a hearing that it incorrectly calculated the amount of credit. It entered a new award of $1,600,000 in credit, adjusting the interest, and issued judgment in the amount of $735,932.34.

Assignments of Error on Appeal:  On appeal, the appellant assigns that the district court erred in (1) determining it had only ministerial powers on remand and lacked jurisdiction to grant the appellant’s motion to dismiss for lack of subject matter jurisdiction; (2) overruling the appellant’s motions to dismiss the matter for lack of subject matter jurisdiction; (3) failing to find that the appellant was an accommodation party under Neb. U.C.C. § 3-419(a); and failing to find a judgment against the appellant was unsupportable and inconsistent with § 3-419(a).

Case Location
Lincoln
Court Type
District Court
Schedule Code
A2
Panel Text
Riedmann, Bishop, and Welch, Judges