First State Bank v. A & G Precision Parts, LLC

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First State Bank v. A & G Precision Parts, LLC

Case Number
A-16-0844
Call Date
April 12, 2017
Case Time
9:00 AM
Case Summary

A-16-0844, First State Bank, a Nebraska Banking Corporation, et al. (Appellants and Cross-Appellees) v. John Probandt, et al. (Appellees) and John Raynor (Appellee and Cross-Appellant)

Dawson County, District Court Judge James E. Doyle, IV

Attorney for Appellants: Diana J. Vogt, James D. Sherrets (Sherrets Bruno & Vogt, LLC)

Attorney for Appellee and Cross Appellant John Raynor: Patrick M. Heng (Waite McWha & Heng)

Civil Action: breach of promissory note

Action Taken by Trial Court: The district court entered judgment in favor of the plaintiffs against John Raynor for breach of a promissory note.

Assignments of Error on Appeal: On appeal, the appellants assign that the district court erred in denying their motion for default judgment against John Probandt.

On cross-appeal, John Raynor assigns that the district court erred in (1) failing to give full force and effect to the bankruptcy order, (2) depriving Raynor of Nebraska law, specifically, UCC ' 3-419(e), (3) failing to find that Raynor was an 'accommodation party' within the meaning of UCC ' 3-419(a), (4) failing to find that Walker was an 'accommodated party' within the meaning of UCC ' 3-419(a), (5) failing to treat Walker as a substantive owner of the FSB note, (6) treating Skyline as the real party in interest within the meaning of ' 25-301, (7) failing to find the sole basis of recovery ' Raynor's expressed intent to assist Mark Herz ' did not support Skyline's judgment, (8) failing to apply the 'Mandolfo Rule', (9) denying Raynor his contribution claim against Walker, (10) entering a judgment that contravenes the prohibition against punitive, vindictive, or exemplary damages, (11) allowing two foreign limited liability corporations to prosecute this action without certificates of authority, (12) failing to find that three mistakes of fact were mutual and had such a material effect on the agreed exchange of performances as to upset the very basis for the contract that the promissory note is void as to Raynor, (13) failing to find that Raynor's obligation was discharged pursuant to UCC ' 3-605, and (14) allowing Walker and the foreign LLCs to proceed on the FSB note after taking the position in the original pleadings that the FSB note was unenforceable.

Case Location
North Platte
Panel Text
Moore, Chief Judge, Inbody and Riedmann, Judges