PTAK v. SWANSON

No. S-04-1009.

709 N.W.2d 337 (2006)

271 Neb. 57

David H. PTAK, Personal Representative of the Estate of Wilma L. Pritchard, deceased, appellant, v. Leota SWANSON, appellee.

Supreme Court of Nebraska.

February 10, 2006.


Attorney(s) appearing for the Case

Mark D. Fitzgerald, of Fitzgerald, Vetter & Temple, Norfolk, for appellant.

George H. Moyer, Jr., of Moyer, Moyer, Egley, Fullner & Warnemunde, Madison, for appellee.

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


McCORMACK, J.

NATURE OF CASE

David H. Ptak brought the present action in the district court for Madison County to recover amounts improperly distributed to Leota Swanson from the estate of Wilma L. Pritchard. The district court dismissed the action for lack of subject matter jurisdiction. Ptak appealed, and we granted Ptak's motion to bypass the Nebraska Court of Appeals.

BACKGROUND

The following facts are taken from our opinion in Swanson...

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