LEWIS v. PODUSKA

No. S-89-816.

481 N.W.2d 898 (1992)

240 Neb. 312

Nancy Heller LEWIS, Personal Representative of the Estate of Clifford Milton Heller, Deceased, et al., Appellees, v. James D. PODUSKA, Appellant, and All Persons Having or Claiming any Interest in Lot 37, Block 8, Orchard Hill Addition to the City of Omaha, Douglas County, Nebraska, Appellees.

Supreme Court of Nebraska.

March 27, 1992.


Attorney(s) appearing for the Case

Jeffrey A. Silver, Omaha, for appellant.

Dean J. Sitzmann, of Steier & Kreikemeier, P.C., Omaha, for appellees Lewis and Heller.

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


HASTINGS, Chief Justice.

The defendant James D. Poduska appeals a judgment of the district court which quieted title to certain real estate in the plaintiff Nancy Heller Lewis and awarded damages in favor of the plaintiffs in the amount of $29,802.02. Defendant Poduska assigns as error generally that the trial court imposed a resulting trust upon Poduska in favor of the plaintiffs and rejected Poduska's theory of a gift.

Plaintiff Lewis is the daughter, sole...

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