Bohac v. Benes Service Co.

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Bohac v. Benes Service Co.

Case Number
Call Date
November 4, 2022
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-22-0235 Karen Bohac, Personal Representative of the Estate of Marlene A. Benes, Deceased (Appellants) v. Benes Service Co., A Nebraska Corporation (Appellees)

Appeal from the District Court for Saunders County District, Judge Christina M. Marroquin

Attorneys: Jovan W. Lausterer (Bromm Lindahl for Appellants) and Sheila A. Bentzen and Adam J. Kost (Rembolt Ludtke for Appellees)

Civil:  Corporations and Stock Value

Proceedings Below: In a previous appeal, the Nebraska Supreme Court remanded the matter back to the District Court for Saunders County with directions to re-determine the fair market value of Benes Service Co. consistent with the decision at Bohac v. Benes Service Co., 310 Neb. 722, 969 N.W.2d 103 (2022).  On remand, the trial court recalculated the fair value of the estate’s share of Benes Service Co.’s stock, reduced the 2022 installment, and indicated that no post-judgment interest shall apply under Neb. Rev. Stat. § 45-104 unless the judgment isn’t paid as of April 1, 2026.  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 its docket. 

Issues: On appeal, Appellants make the following assignments of error:  1) The District Court erred in reducing the 2022 payment obligation of the Respondent from $575,000, as originally awarded in its Order dated January 21, 2021, to $250,000; and 2) The District Court erred in not applying interest from January 21, 2021 against the $4,123,985 judgment.

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