State of Florida ex rel. Dept. of Insurance v. Countrywide Truck Ins.

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State of Florida ex rel. Dept. of Insurance v. Countrywide Truck Ins.

Case Number
S-15-0515
Call Date
May 27, 2016
Court Number
Douglas
Case Summary

S-15-0515 State of Florida, Ex. Rel. The Department of Insurance v. Countrywide Insurance Agency, Inc., et al. (Appellants)

Douglas County, Judge Peter C. Bataillon

Attorneys: Robert F. Craig & Anna M. Bednar (Robert F. Craig, P.C.) --- William E. Gast (William E. Gast, P.C.)(Appellants)

Civil: Insurance; sanctions; recusal

Proceedings below: This case has been before the Court several times since it was originally filed in 1998. See, State of Florida v. Countrywide Truck Insurance Agency, Inc., 258 Neb. 113 (1999) ("Countrywide I") and State of Florida v. Countrywide Truck Insurance Agency, Inc., 275 Neb. 842 (2008) ("Countrywide II"). In May 2015, the district court entered an order against Appellants in the amount of $2,235,391.95 and sanctions in the amount of $15,000 against attorney Gast.

Issues: The district court erred in 1) denying the second motion for recusal filed by the Appellants, 2) entertaining subject matter jurisdiction and entering judgment against Diederike Fulkerson and her attorney, William Gast, and 3) failing to enter sanctions against Appellee and its counsel pursuant to Neb. Rev. Stat. '25-824.