Zornes v. Zornes

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Zornes v. Zornes

Case Number
Call Date
November 4, 2015
Court Number
Case Summary

S-14-0775, Eric M. Zornes, as Trustee of The Eric M. Zornes Revocable Trust v. Julia A. Zornes, as Trustee of The Julia A. Zornes Revocable Trust

Lancaster County, Hon. Andrew R. Jacobsen

Attorneys: James B. Luers & Krista M. Carlson, Wolfe Snowden, Lincoln--- Jane Langan Mach & Sheila A. Bentzen, Rembolt Ludtke, Lincoln.

Civil: accord and satisfaction; partition

Proceedings Below: Eric filed an action seeking payment of ' of the proceeds of a promissory note once held as tenants in common by Eric and Julia. The district court concluded that the parties' divorce acted as accord and satisfaction as to the note in question and found for Julia. In addition, the district court denied Julia's motion for attorney fees and partition in kind of two other promissory notes.

Issue on Appeal: Eric assigns that the district court erred in finding that the parties' divorce was accord and satisfaction as to this dispute.

Issues on Cross-Appeal: Julia assigns that the district court in (1) not awarding her attorney fees and (2) partitioning two other promissory notes separately rather than partitioning them in kind.