S-15-1226, Clarence E. Mock, III, Special Administrator of the Estate of Carl Landgraf (Appellant) v. Gail L. Neumeister and Marlene Neumeister
Otoe County District Court, Honorable David K. Arterburn
Attorneys: Thomas M Locher & Joseph J. Kehm (Locher Pavelka Dostal Braddy & Hammes, LLC) & William Reinsch (Reinsch, Slattery, Bear & Minahan, P.C., L.L.O.) (Appellant) --- Jeanette Stull & Justin J. Knight (Perry, Guthery, Haase & Gessford, P.C., L.L.O.)
Civil: Set aside deeds; undue influence; burden of proof
Proceedings below: Following a bench trial, the district court determined the deed should not be set aside, determined that Appellant was required to prove his case by clear and convincing evidence, and dismissed Appellees' counterclaim as moot. The district court overruled Appellees' request for reimbursement for the cost of original depositions in the amount of $2,548.35.
Issues: The district court erred in 1) failing to set aside the disputed instruments because Appellant's evidence shows a confidential or fiduciary relationship coupled with suspicious circumstances sufficient to justify an inference of undue influence, 2) failing to set aside the disputed instruments because Appellees failed to rebut the inference of undue influence, and 3) failing to dismiss the counterclaim of defendants as a matter of law.
Issues on Cross-Appeal: The district court abused its discretion in refusing to tax the cost of original depositions in the amount of $2,548.35 to Appellant as part of judgement in this case.