Nebraska District Court Judge Andrew C. Butler of Grand Island, Nebraska, was invited to sit with the Nebraska Supreme Court on November 4, 2022.

Butler heard arguments in the case of Karen Bohac, Personal Representative of the Estate of Marlene A. Benes, Deceased v. Benes Service Co., A Nebraska Corporation, which is docketed in the Supreme Court at S-22-0235.  The Nebraska Supreme Court previously heard this case at Bohac v. Benes Service Co., 310 Neb. 722, 969 N.W.2d 103 (2022).  In the previous case, the Supreme Court remanded the case back to the district court with directions to recalculate the fair value of the estate’s interest in Benes Service Co.  On remand, district court recalculated the fair value of the estate’s share of Benes Service Co.’s stock, and the estate appealed the district court’s order on remand.  The Nebraska Supreme Court ordered that this case be transferred from the docket of the Nebraska Court of Appeals to its docket. 

Justices Heavican and Stacy were recused from this case.  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 Michael G. 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 November 4, 2022, oral arguments can be viewed on the Court’s archive.

Reporters:

• Judicial Profile for Judge Andrew C. Butler
• Background on the Supreme Court
• Justices of the Nebraska Supreme Court

Screen shot from argument session on Nebraska Public Media:

(L to R) Justice Jonathan Papik, Judge Ryan Carson, Justice Lindsey Miller-Lerman, Judge Andrew Butler, Justice William Cassel, Justice Jeff Funke, and Justice John Freudenberg. Recording Court arguments is Allyson Stewart.