S-24-0707 Valkyrie Kimball and Richard Kimball, II, (Appellants) v. Rosedale Ranch, Inc., a Nebraska Corporation; the Estate of Helen M. Kimball, deceased; Mary K. Studley; Daniel J. Studley; Mark E. Studley; and Melissa M. Williams (Appellees)
Appeal from the District Court for Lincoln County, Judge Michael E. Piccolo
Attorneys: Terance O. Waite and Christine E. Seck (Wait & McWha Law Firm for Appellants), Timothy P. Brouillette and ZitaAnne Reno (Brouillette, Troshynski, Kingston & Jackson, P.C., LLO for Appellees), and John D. Stalnaker (McGill Gotsdiner Workman Lepp for Appellees)
Civil: Wrongful transfer of property
Proceedings Below: Appellants alleged that their late father’s assets had been wrongfully transferred to the late stepmother, so they sued her family, her estate, and a corporation in which she had an interest. The district court found that the probate court properly had venue, so it dismissed the petition without prejudice. After the probate court declined to exercise jurisdiction, the district court denied Appellants’ motions to reconsider and motion for new trial. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellants assign the following errors: 1) After the county court declined to exercise its jurisdiction, the district court erred in continuing to rely on Litherland to justify the denial of Appellants’ motion to for new trial or amended order; and 2) Assuming (arguendo) that the county court was the proper forum for the adjudication the claims by Appellants that are adverse to the Estate of Helen Kimball, and arguing in the alternative: the district court erred when dismissing Appellants’ complaint in its entirety because Appellants’ complaint in the district court named different defendants, and included probable items of property not within the probate court’s jurisdiction.