Stehlik v. Rakosnik

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Stehlik v. Rakosnik

Case Number
A-15-0318
Call Date
March 8, 2016
Case Time
9:00 AM
Case Summary

A-15-318, L. Joe Stehlik, Personal Representative of the Estate of Joseph M. Rakosnik v. Michael C. Rakosnik, Lewis D. Rakosnik, Linda I. Rakosnik, and Susan Muell (Appellants)

Pawnee County, District Court Judge Daniel E. Bryan

Attorney for Appellant: David W. Watermeier, Andrew K. Joyce (Watermeier & Lonowski, P.C.)

Attorney for Appellee: Jeffrey W. Davis and Jeffrey A. Gaertig (Carlson, Schafer & Davis, P.C., L.L.O.)

Civil Action: breach of fiduciary duty under power of attorney

Action Taken by Trial Court: the trial court granted summary judgment in favor of Stehlik in his capacity as the personal representative of the Estate of Joseph M. Rakosnik.

Assignments of Error on Appeal: Appellants assign that the district court erred in (1) finding that there was no evidence that Joseph Rakosnik knew that Lewis Rakosnik had transferred the farm property and Edward Jones investment account to the appellants; (2) determining that no genuine issue of material fact exists as to the issue of Lewis's authority to transfer the farm property to the appellants; (3) determining that the appellants were collaterally estopped from litigating whether Lewis breached fiduciary duty as it specifically relates to the transfers to the appellants; (4) imposing a constructive trust on the farm property and ordering its conveyance to the appellees; and (5) determining that no genuine issue of material fact exists as to the issue of whether Lewis breached his fiduciary duty by distributing the contents of the Edward Jones account to the appellants.

Case Location
Lincoln
Panel Text
Inbody, Pirtle, and Riedmann, Judges