In re Estate of Adelung

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In re Estate of Adelung

Case Number
Call Date
August 31, 2022
Case Time
9:00 AM
Court Number
Case Location
Court Type
County Court
Case Summary

S-21-0838 In the Matter of the Estate of Madeline Adelung, Lynda Adelung Heiden, individually and as personal representative of the Estate of Madeline Adelung (Appellant/Cross-Appellee) v. Kent A. Adelung (Appellee/Cross-Appellant)

Appeal from the County Court for Buffalo County, Judge Gerald R. Jorgensen, Jr.

Attorneys:  Blake E. Johnson (Bruning Law Group for Appellant) and Jared J. Krejci (Smith, Johnson, Allen, Connick, & Hansen)

Probate:  Judgment costs

Proceedings below:  The county court calculated the amounts that Appellee owed under the judgment and awarded post-judgment interest but not pre-judgment interest.  On its own motion, the Nebraska Supreme Court ordered this case be removed from the docket of the Nebraska Court of Appeals and transferred to its docket.

Issues:  Appellant asserts the following sole assignment of error:  The trial court erred in failing to apply interest under Neb. Rev. Stat. § 45-104 (Reissue 2021) to the amount of the modified judgment.

On cross-appeal, Appellee asserts the following sole assignment of error:  The county court should have determined that Appellant inadequately pleaded the issue of prejudgment interest and did not adequately raise the issue prior to entry of a final judgment, therefore Appellant did not have a substantive right to recover prejudgment interest.

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