In re Guardian/Conservatorship of Maronica B.

Case Number(s)
S-22-0239
Case Audio
Call Date
Case Time
Court Number
Douglas
Case Location
Creighton
Court Type
County Court
Case Summary

S-22-0239 In re Guardianship and Conservatorship of Maronica B., a Protected Person. Ronald Branch, Conservator (Appellant) v. Davion B., Interested Party, Student Transportation of Nebraska, Inc., Interested Party, and Farm Bureau Property and Casualty Insurance Co., Intervenor (Appellees) 

Appeal from the County Court for Douglas County, Judge John E. Huber

Attorneys: Joel M. Carney (Goosmann Law Firm for Appellant), Michael T. Gibbons and Raymond E. Walden (Woodke & Gibbons for Appellee Davion B.), Stephen L. Ahl (Baylor Evnen Wolfe & Tannehill, LLP for Appellee Student Transportation of Nebraska). 

Civil: Conservatorship Proceedings and Settlement Agreement

Proceedings below: After the ward was injured in a motor vehicle accident, the conservator requested that the county court approve a settlement agreement, which it did.  In 2021, a successor conservator moved the county court to vacate the settlement order, which it declined to do.  On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.

Issues:  Appellant makes the following assignments of error:  1) The Court erred in denying the motion to vacate the 2017 Order; 2) The Court erred in holding it has no equitable powers; 3) The Court erred in putting the interest of Davion B., Farm Bureau, and Student Transportation, and, indeed, its own reputation before the best interest of Maronica; 4) The Court erred in raising the alleged squandering of assets by prior Conservator in this matter; 5) The Court erred in allowing Davion B. to intervene; 6) The Court erred in allowing Farm Bureau to intervene; 7) The Court erred in permitting an amicus brief by Student Transportation; and 8) The Court erred in focusing on Mark Kratina, Esq.’s alleged malpractice.

S-22-0239 In re Guardianship and Conservatorship of Maronica B., a Protected Person. Ronald Branch, Conservator (Appellant) v. Davion B., Interested Party, Student Transportation of Nebraska, Inc., Interested Party, and Farm Bureau Property and Casualty Insurance Co., Intervenor (Appellees) 

Appeal from the County Court for Douglas County, Judge John E. Huber

Attorneys: Joel M. Carney (Goosmann Law Firm for Appellant), Michael T. Gibbons and Raymond E. Walden (Woodke & Gibbons for Appellee Davion B.), Stephen L. Ahl (Baylor Evnen Wolfe & Tannehill, LLP for Appellee Student Transportation of Nebraska). 

Civil: Conservatorship Proceedings and Settlement Agreement

Proceedings below: After the ward was injured in a motor vehicle accident, the conservator requested that the county court approve a settlement agreement, which it did.  In 2021, a successor conservator moved the county court to vacate the settlement order, which it declined to do.  On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.

Issues:  Appellant makes the following assignments of error:  1) The Court erred in denying the motion to vacate the 2017 Order; 2) The Court erred in holding it has no equitable powers; 3) The Court erred in putting the interest of Davion B., Farm Bureau, and Student Transportation, and, indeed, its own reputation before the best interest of Maronica; 4) The Court erred in raising the alleged squandering of assets by prior Conservator in this matter; 5) The Court erred in allowing Davion B. to intervene; 6) The Court erred in allowing Farm Bureau to intervene; 7) The Court erred in permitting an amicus brief by Student Transportation; and 8) The Court erred in focusing on Mark Kratina, Esq.’s alleged malpractice.

Schedule Code
SC