Rosberg v. Vap

S-11-0734, Kelly R. Rosberg and Paul A. Rosberg (Appellants) v. Gerald Vap and Rod Johnson

Lancaster County, Judge Karen B. Flowers

Attorneys: Paul A. Rosberg and Kelly R. Rosberg (Pro Se Appellants) --- Mark A. Fahleson and Tara L. Tesmer (Rembolt Ludtke LLP)

Civil: Contest Election

Proceedings below: The trial court granted defendants motion for summary judgment finding that Neb. Rev. Stat. § 75-101(3) does not apply to candidates for the office of Public Service Commissioner and the evidence did not show that the defendants were not engaged in another occupation within the meaning of Neb. Rev. Stat. § 75-101(3) at the time of their elections. Appellants filed a petition to bypass the Court of Appeals which was granted by the Nebraska Supreme Court.

Issues: The trial court erred in (1) refusing to consider the sworn statements of the Appellants or exhibits relating to the sworn statements; (2) not permitting certain discovery; (3) granting summary judgment to the defendants; (4) not allowing Paul Rosberg to represent Kelly Rosberg through a Power of Attorney.