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IN RE CONSERVATORSHIP OF GIBILISCO

No. S-08-502.

763 N.W.2d 71 (2009)

277 Neb. 465

In re CONSERVATORSHIP OF Carol A. GIBILISCO, a protected person. Popular Financial Services, L.L.C., a Delaware corporation, Appellee, v. Tommy Joe Stutzka, Conservator, Appellant.

Supreme Court of Nebraska.

March 27, 2009.

Attorney(s) appearing for the Case

James Polack, P.C., L.L.O., Omaha, for appellant.

Matthew E. Eck and Donald J. Pavelka, Jr., of Locher, Pavelka, Dostal, Braddy & Hammes, L.L.C., Omaha, for appellee.

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

MILLER-LERMAN, J.

NATURE OF CASE

Tommy Joe Stutzka, as conservator of Carol A. Gibilisco, appeals the order of the county court for Douglas County allowing the claim of Popular Financial Services, L.L.C. (Popular), and ordering Stutzka to pay $85,000 to Popular. The claim was based on a judgment obtained in the U.S. District Court for the District of Nebraska in which the court directed, as part of a comprehensive order of rescission, that Gibilisco remit...

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