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CARNES v. SCHRAM

No. 87-795.

440 N.W.2d 451 (1989)

232 Neb. 282

Douglas CARNES, Appellee and Cross-Appellant, v. Jerry L. SCHRAM et al., Appellees, State Farm Mutual Automobile Insurance Company, a Corporation, Garnishee-Appellant and Cross-Appellee.

Supreme Court of Nebraska.

May 26, 1989.

Attorney(s) appearing for the Case

Joseph K. Meusey and Michael F. Coyle of Fraser, Stryker, Veach, Vaughn, Meusey, Olson, Boyer & Bloch, P.C., Omaha, for garnishee-appellant and cross-appellee.

Michael M. O'Brien of Matthews & Cannon, P.C., Omaha, for appellee and cross-appellant Carnes.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, SHANAHAN, and FAHRNBRUCH, JJ.

HASTINGS, Chief Justice.

Douglas Carnes, the plaintiff in this action, filed an application for determination of garnishee liability against State Farm Mutual Automobile Insurance Company in the district court for Douglas County. The court sustained Carnes' motion for summary judgment. We reverse and remand with directions.

Summary judgment is an extreme remedy and should be awarded only when an issue is clear beyond...

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