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VANN v. NORWEST BANK NEBRASKA, N.A.

No. S-98-139.

591 N.W.2d 574 (1999)

256 Neb. 623

Howard D. VANN, Appellant, v. NORWEST BANK NEBRASKA, N.A., a National Banking Association, Appellee.

Supreme Court of Nebraska.

April 2, 1999.

Attorney(s) appearing for the Case

Larry A. Jobeun, of Walsh, Fullenkamp & Doyle, Omaha, for appellant.

Donald J. Pavelka, Jr., of Hansen, Engles & Locher, P.C., Omaha, for appellee.

Before HENDRY, C.J., WRIGHT, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

WRIGHT, J.

NATURE OF CASE

Howard D. Vann (Vann) commenced this action for an accounting to determine the fairness and reasonableness of fees and expenses charged to him pursuant to a written agreement between Vann and Norwest Bank Nebraska, N.A. (Norwest). The district court sustained Norwest's motion for summary judgment, finding that res judicata barred Vann's cause of action.

SCOPE OF REVIEW

The applicability of the doctrine of res judicata...

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