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MARCOVITZ v. ROGERS

Nos. S-06-800, S-07-414.

752 N.W.2d 605 (2008)

276 Neb. 199

Michael Howard MARCOVITZ, now known as Aaron Chaim Marcovitz, appellee, v. Mary Patricia ROGERS, now known as Mary Patricia Rogers-Farkas, appellant. Aaron Chaim Marcovitz, appellee, v. Mary Patricia Rogers-Farkas, appellant.

Supreme Court of Nebraska.

July 25, 2008.

Attorney(s) appearing for the Case

Edmond E. Talbot III, of Talbot & Truhlsen Law Offices, L.L.P., Blair, for appellant.

Peter C. Wegman, of Rembolt Ludtke, L.L.P., Lincoln, for appellee.

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

GERRARD, J.

The issue presented in these appeals is whether Aaron Chaim Marcovitz, formerly known as Michael Howard Marcovitz, can enforce an acceleration clause contained in a "promissory note" signed by his former wife, Mary Patricia Rogers-Farkas, formerly known as Mary Patricia Rogers (Rogers-Farkas). We conclude that the acceleration clause is unenforceable, because it is inconsistent with the parties' modified decree of dissolution.

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