Helzer v. Mamot

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Helzer v. Mamot

Case Number
A-16-0282
Call Date
March 15, 2017
Case Time
1:30 PM
Case Summary

A-16-0282, Shelbea Ehrke, Special Administrator of the Estate of Monty M. Mamot, Deceased; Mamot Land and Cattle Co., Inc.; Mamot Trucking, Inc.; and Mamot Feedlots (Appellants) v. Jamie P. Mamot and Heritage Bank

District Court for Howard County, District Judge Karin L. Noakes

Attorney for Appellants (Mamot Entities): Barry D. Geweke (Stowell Geweke Law Firm)

Attorney for Appellees (Jamie and Heritage Bank): Larry W. Beucke (Parker Grossart Law Firm)

Civil Action: Declaratory judgment, interpleader

Action taken by the Trial Court: Following Monty Mamot's death, various parties disputed whether Monty's estate was entitled to certain contractual payments, whether it remained obligated to pay an outstanding bank loan. The special administrator of Monty's estate and three Mamot business entities brought declaratory judgment actions. The special administrator sought judgments against Monty's former wife, Jamie Mamot, for unjust enrichment. The Mamot business entities also brought an interpleader action to determine the proper recipient for the final payment under a contract. After the trial court dismissed the parties' declaratory judgment and interpleader actions, the Nebraska Court of Appeals remanded for further proceedings. The Mamot entities appeal from the trial court's judgment on mandate.

Assignments of Error on Appeal: Did the trial court err in finding the 2006 stock purchase agreement void with respect to the provision requiring Monty to maintain life insurance to satisfy a debt owed by Mamot Entities? Did the trial court err in determining that Mamot Entities were obligated to pay Monty's estate $572,706.36 plus interest at the rate of 5.3-percent since February 1, 2012? Did the trial court err in determining that the over $500,000 of insurance proceeds received by Jamie did not satisfy Monty's obligation to pay the Heritage Bank loan under the decree and discharge the mortgage of the parties? Did the trial court err in finding no interpleader funds were currently held by the court?

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