Cisneros v. Graham

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Cisneros v. Graham

Case Number
Call Date
March 31, 2016
Court Number
Case Summary

S-15-0392 Elaine Cisneros v. Gregory G. Graham (Appellant)

Douglas County, Judge Kimberly M. Pankonin

Attorney: Norman Denenberg ' Edward W. Hasenjager

Civil: Conversion - constructive fraud

Proceedings Below: The district court granted appellee's motion for summary judgment, finding that a constructive fraud was committed. It awarded appellee $59,665.27, prejudgment interest, and court costs, but denied her request for attorney fees.

Issues: Appellant assigns that the court erred in (1) failing to find that Neb. Rev. Stat. ' 30-4014(4) (Cum. Supp. 2014) allowed a benefit to the agent, (2) failing to consider that the transaction complained of was ratified by the principal, (3) failing to find that appellant had express authority granted in the power of attorney to cash the certificate of deposit, and (4) failing to find that the ratification of the transaction by Hilda Graham made the deposit into her checking account a legal and binding transaction.

On cross-appeal, appellee alleges that the court erred in not awarding attorney fees under Neb. Rev. Stat. ' 30-4017 (Cum. Supp. 2014).