Zapata v. McHugh

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Zapata v. McHugh

Case Number
Call Date
February 1, 2017
Court Number
Case Summary

S-16-0511, John Zapata, an Individual and as Assignee (Appellant) v. Donald McHugh, an Individual, Donald McHugh d/b/a/ Lincoln Metal Recycling and McHuge Metal Brokerage LLC, a Limited Liability Company d/b/a Lincoln Metal Recycling, McHugh Metal Brokerage, LLC a Limited Liability Company

Lancaster County District Court, Hon. Steven D. Burns

Attorneys: John Zapata (Pro se Appellant) --- Appellees defaulted

Civil: Lease Agreement; assignment; dismissal

Proceedings Below: The district court dismissed Appellant's complaint.

Issues: The district court erred in (1) dismissing Appellant's complaint and abused his discretion, was biased and prejudiced toward Appellant, a pro se litigant, 2) dismissing Appellant's complaint as an assignee and not ruling on Appellant's filing as an individual party, 3) stating 'the Plaintiff counters that Neb. Rev. Stat. '25-304 allows him to bring an action in his own name on any claim which has been assigned to him,' and 4) dismissing this case in haste to clear its calendar prior to his retirement from the bench on May 31, 2016.