Huntington v. Pedersen

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Huntington v. Pedersen

Case Number
Call Date
April 28, 2016
Court Number
Case Summary

S-14-1134 James Huntington and Tony C. Clark, individually and on behalf of the shareholders of Professional Management Midwest, Inc. (Appellants) v. Donald H. Pedersen, Marcee Pedersen, Practice Business Consultants, LLC, Professional Practice Healthcare Billing, LLC, and Professional Practice Consultants, LLC

Douglas County District Court, Judge J. Russell Derr

Attorneys: Theodore R. Boecker, Jr., for appellants. The garnishee, K.C. Engdahl, represents himself.

Civil: Garnishment

Proceedings Below: Court overruled the appellants' motion to determine garnishee liability.

Issues: The district court erred in (1) finding Engdahl had proved he possessed funds subject to garnishment at the time of the first garnishment which could be a defense to the second garnishment; (2) failing to recognize that a condition subsequent had failed which materially changed the circumstances by the time of service of the second garnishment which rendered the first garnishment answer irrelevant; (3) improperly relying upon Engdahl's false or misleading response to the first garnishment when he had not pled any affirmative defense based upon his response to the first garnishment; (4) failing to find Engdahl was not estopped from relying upon his first false or misleading garnishment response as a defense to the second garnishment; (5) failing to find that a conflict of interest justified finding liability; (6) failing to find Engdahl was liable to the Appellant s for the garnishment served upon him on July 3, 2014.