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FLORENCE LAKE INVESTMENTS, LLC v. BERG

No. S-21-350.

978 N.W.2d 308 (2022)

312 Neb. 183

FLORENCE LAKE INVESTMENTS, LLC, appellant, v. Jason BERG and Mary Berg, appellees, David M. Kroeger, intervenor-appellee, and Merrill Lynch, Pierce, Fenner & Smith, Incorporated, and Zoetis, Inc., garnishees-appellees.

Supreme Court of Nebraska.

Filed August 12, 2022.

Attorney(s) appearing for the Case

John F. Zimmer V and Andre R. Barry , of Cline, Williams, Wright, Johnson & Oldfather, L.L.P., Lincoln, for appellant.

Kenneth M. Wentz III and Caitlin J. Ellis , of Jackson Lewis, P.C., Omaha, for garnishee-appellee Zoetis, Inc.

Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, and Freudenberg, JJ., and Derr, District Judge.

I. INTRODUCTION

A garnishor appeals from an order overruling its application to determine garnishee liability against a plan administrator whose interrogatory answers failed to disclose a judgment debtor's 401K account. The central issue is whether the Employee Retirement Income Security...

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