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Fox v. Whitbeck

Supreme Court of Nebraska

June 21, 2013

Mary Fox, appellee,
v.
Raymond Whitbeck, appellee, and Sherry L. McEwin, formerly known as Sherry L. Whitbeck, intervenor-appellee, and John McWlLLIAMS, INTERVENOR-APPELLANT.

1. Judicial Sales: Appeal and Error. An appellate court reviews a court's order confirming an execution sale or a judicial sale for abuse of discretion.

2. Judges: Words and Phrases. A judicial abuse of discretion exists when the reasons or rulings of a trial judge are clearly untenable, unfairly depriving a litigant of a substantial right and denying just results in matters submitted for disposition.

3. Judgments: Appeal and Error. An appellate court independently reviews questions of law decided by a lower court.

4. Statutes. Statutory interpretation presents a question of law.

5. Judgments: Liens: Child Support. Under Neb. Rev. Stat. § 42-371 (Cum. Supp. 2012), all orders and judgments for child support in the specified proceedings operate as statutory liens. Such liens attach from the date of the judgment to the obligor's real property and any personal property registered with any county officer, for arrears and as security for future obligations.

6. Deeds: Conveyances. A quitclaim deed transfers only the grantor's interest in the property, not the property itself.

7. Judgments: Debtors and Creditors: Property: Fraud. Unless a judgment creditor shows that a judgment debtor has fraudulently transferred real property to avoid creditors, the relevant question for the remedy of execution is whether the debtor has any interest in the property.

8. __: __: __: __. Under Neb. Rev. Stat. § 25-1516 (Reissue 2008), a judgment creditor can obtain a writ of execution only to levy on the judgment debtor's personal or real property interests.

9. Judgments: Liens: Property. A judgment creditor cannot execute a lien on real property unless the judgment debtor has a legal or equitable interest in the property.

Appeal from the District Court for Douglas County: J. Michael Coffey, Judge.

Theodore R. Boecker, Jr., of Boecker Law, P.C., L.L.O., for intervenor-appellant.

Ralph E. Peppard for appellee Mary Fox.

Heavican, C.J., Wright, Connolly, Stephan, McCormack, and Miller-Lerman, JJ.

[286 Neb. 135] Conno ...


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