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ML Manager, LLC v. Jensen

Supreme Court of Nebraska

January 10, 2014

ML Manager, LLC, and SOJ Loan, LLC, Appellants,
v.
Dale M. Jensen and Vicki S. Jensen, Appellees, and Pioneer Ventures, LLC, Garnishee-Appellee.

Page 567

[Copyrighted Material Omitted]

Page 568

Appeal from the District Court for Lancaster County: Stephanie F. Stacy, Judge.

Affirmed.

Joel Bacon, of Keating, O'Gara, Nedved & Peter, P.C., L.L.O., for appellants.

Terry R. Wittler and Gregory S. Frayser, of Cline, Williams, Wright, Johnson & Oldfather, L.L.P., for garnishee-appellee.

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

Syllabus

1. Garnishment: Appeal and Error. Garnishment is a legal proceeding. To the extent factual issues are involved, the findings of a garnishment hearing judge have the effect of findings by a jury and, on appeal, will not be set aside unless clearly wrong.

2. Statutes: Appeal and Error. Statutory interpretation is a question of law tat an appellate court resolves independently of the trial court.

3. Garnishment: Statutes. Garnishment in aid of execution is a legal remedy unknown at common law and was created by statute.

4. Garnishment: Statutes: Case Disapproved. As set out in Neb.Rev.Stat. ยง 25-2218 (Reissue 2008), the code of civil procedure, which encompasses the entirety of chapter 25 of the Nebraska Revised Statutes, should not be strictly construed. To the extent that NC Hybrids v. Growers Seed Assn., 219 Neb. 296, 363 N.W.2d 362 (1985), and Spaghetti Ltd. Partnership v. Wolfe, 264 Neb. 365, 647 N.W.2d 615 (2002), or other Nebraska cases, have held that chapter 25 statutes in derogation of the common law are to be strictly construed, they are now disapproved on those grounds.

5. Garnishment: Statutes: Appeal and Error. Because the garnishment statutes are part of chapter 25 of the Nebraska Revised Statutes, an appellate court views them under the general rules of statutory interpretation.

6. Statutes: Appeal and Error. The rules of statutory interpretation require an appellate court to give effect to the entire language of a statute, and to reconcile different provisions of the statutes so they are consistent, harmonious, and sensible.

7. __: __. Statutory language is to be given its plain and ordinary meaning, and an appellate court will not resort to interpretation to ascertain the meaning of statutory words which are plain, direct, and unambiguous.

Page 569

8. __: __. An appellate court will give effect to all parts of a statute and avoid rejecting as superfluous or meaningless any word, clause, or sentence.

9. Statutes. It is not within the province of a court to read a meaning into a statute that is not warranted by the legislative language.

10. Garnishment: Legislature: Intent. The Nebraska Legislature sought to protect a garnishee from the often unnecessary and sometimes oppressive litigation by demanding an expeditious disposition of garnishment proceedings.

11. Garnishment: Notice. A garnishee is not required to provide notice, through service or any other means, of the interrogatory answers to the garnishor.

PER CURIAM.

[287 Neb. 172] ...


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