Qualsett v. Abrahams

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Qualsett v. Abrahams

Case Number
Call Date
February 10, 2016
Case Time
9:00 AM
Case Summary

A-15-0215, Richard Qualsett, Attorney in Fact for Shareholders of Oasis Publishing, Inc. (Appellants) v. David Abrahams

Lancaster County, District Court Judge Stephanie Stacey

Attorney for Appellant: Robert B. Creager (Anderson, Creager & Wittstruck, P.C., L.L.O.)

Attorney for Appellee: Thomas E. Zimmerman (Jeffrey, Hahn, Hemmerling & Zimmerman, P.C., L.L.O.)

Civil Action: Summary judgment and recoupment

Action Taken by Trial Court: The trial court entered summary judgment in favor of Abrahams based upon the statute of limitations. Following a trial on Abrahams's counterclaim, the trial court found that the affirmative defense of recoupment did not apply and entered judgment for Abrahams.

Assignments of Error on Appeal: Qualsett assigns that the district court erred in (1) granting Abrahams's motion for summary judgment, (2) failing to grant Qualsett a set off for equitable recoupment against Abrahams's counterclaim, and (3) entering judgment in favor of Abrahams on his counterclaim.

Case Location
Panel Text
Irwin, Pirtle, and Riedmann, Judges