S-17-0086, Peter Zelenka v. Jason D. Pratte (Appellant)
District Court of Douglas County, Hon. Kimberly M. Pankonin
Attorneys: Ryan J. Lewis (Govier, Katskee, Suing & Maxwell) — Jill M. Mason (Kinney Mason)
Civil: personal property dispute
Proceedings Below: Peter Zelenka brought this action against his former romantic partner, Jason Pratte, for a declaratory judgment and conversion. He alleged that Pratte had refused to return his dog and approximately 50 other items of personal property after the parties separated. Following a bench trial, the district court found that Zelenka met his burden of proof regarding the dog. It found that the dog had been a gift from Pratte to Zelenka, and ordered Pratte to return the dog to Zelenka within 48 hours. Regarding the remaining personal property, the district court found that Zelenka had failed to meet his burden of proof, and therefore ordered that Pratte shall retain possession of such items.
Issues: On appeal, Pratte assigns that the district court erred in finding that Zelenka met his burden of proof that the dog was a gift from Pratte to Zelenka. On cross-appeal, Zelenka assigns that the district court erred in finding that he failed to meet his burden of proof with respect to the other personal property at issue in this matter.