Nebraska District Court Judge Ryan S. Post of Lincoln, Nebraska, was invited to sit with the Nebraska Supreme Court on September 28, 2022.

Post heard arguments in the case of S-22-047, 132 Ventures LLC (Appellee/Cross-Appellant) v. Active Spine Physical Therapy, LLC, Nicholas Muchowicz, and Sara Muchowicz (Appellants/Cross-Appellees).  After not receiving rent, Appellee sued the Appellants claiming breach of contract, breach of personal guaranty, and sought return of premises and unpaid rent.  After a bench trial was ordered, Appellants sought a jury trial, which the trial court denied.  After trial, Appellants were found to have breached a contract and the personal guaranty, and they were ordered to pay Appellee $158,368.73 for unpaid rent.  On appeal, Appellants assert that a jury should have decided the matter.  On cross-appeal, Appellee asserts that the unpaid rent amount was incorrectly calculated.  On appeal and on its own motion, the Nebraska Supreme Court ordered that this case be removed from the docket of the Nebraska Court of Appeals and transferred to docket of the Nebraska Supreme Court. 

Post sat in place of Justice Lindsey Miller-Lerman, who was recused from the 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 September 28, 2022, oral arguments can be viewed on the Court’s archive.

Reporters:

• Judicial Profile for Judge Ryan S. Post
• Background on the Supreme Court
• Justices of the Nebraska Supreme Court

Screenshot from argument session on Nebraska Public Media:

(L to R) Justice Jonathan Papik, Justice Stephanie Stacy, Judge Ryan Post, Chief Justice Mike Heavican, Justice William Cassel, Justice Jeff Funke, and Justice John Freudenberg. Arguing before the Court is attorney Rubina Khaleel. Recording Court arguments is Nate Dobbs.