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Centurion Stone of Nebraska v. Whelan

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Thursday, May 2, 2013

S-12-1022, Centurion Stone of Nebraska (Appellant) v. Lawrence and Jane Whelan (Appellee)

Douglas County, Judge Thomas A. Otepka

Attorneys: Lawrence G. Whelan (Whelan Law Office) and Dana C. Bradford III (Bradford and Coenen) (Appellant); Joseph J. Skudlarek

Civil: Damages

Proceedings below: After a bench trial, the County Court of Douglas County ruled in favor of Centurion and awarded damages. The Whelans appealed to the District Court of Douglas County.  Centurion filed a motion to dismiss stating that the bill of exceptions was incomplete, since Tape 17 could not be found by the county court. The Whelans made a motion for the District Court to direct the County Court to submit a complete bill of exceptions, and if it was unable to do so that the District Court should remand for a new trial. After the Whelans’ motion, Centurion withdrew its motion to dismiss.

            The District Court entered an order denying the Whelans’ motions and affirming the judgment of the County Court finding that the pleadings were sufficient to support the judgment.

Issues: Appellant argues the district court erred by (1) not directing the county court to provide a complete bill of exceptions or in the alternative to order a new trial, and (2) determining that the pleadings were sufficient to support the judgment of the County Court.

This page was last modified on Thursday, May 2, 2013