S-24-0122 Meghan Konecne, Personal Representative for the Estate of Howard Misle (Appellee) v. Abram, LLC (Appellant)
Appeal from the District Court for Lancaster County, Judge Kevin R. McManaman
Attorneys: Lawrence K. Sheehan and Sara A. Pernicek (Ellick, Jones, Buelt, Blazek & Longo, LLP for Appellant) and Robert S. Sherrets (Sherrets Bruno & Vogt LLC for Appellee)
Civil: Recoupment
Proceedings below: Appellee filed suit against Appellant alleging that Appellant owed $702,572.73 plus interest pursuant to a promissory note, and in the answer, Appellant averred the defenses of recoupment and setoff. The district court found in favor of Appellee. 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: Appellant makes the following assignments of error: 1) The court erred in finding there was no genuine issue of fact and denying Appellant’s affirmative defense of recoupment; 2) The court erred by not finding that the statute of limitations was tolled regarding Appellant’s counter claim; 3) The court erred by not having a trial regarding the issue of interest; and 4) The court erred on the calculation of interest.