Summary Judgment: Appeal and Error. An
appellate court will affirm a lower court's grant of
summary judgment if the pleadings and admitted evidence show
that there is no genuine issue as to any material facts or as
to the ultimate inferences that may be drawn from those facts
and that the moving party is entitled to judgment as a matter
Summary Judgment: Proof. A party moving for
summary judgment makes a prima facie case for summary
judgment by producing enough evidence to demonstrate that the
movant is entitled to judgment if the evidence were
uncontroverted at trial.
__. Once the party moving for summary judgment makes a prima
facie case, the burden shifts to the party opposing the
motion to produce admissible contradictory evidence showing
the existence of a material issue of fact that prevents
judgment as a matter of law.
Debtors and Creditors: Words and Phrases. An
account stated is an agreement between persons who have had
previous dealings determining the amount due by reason of
Actions: Debtors and Creditors. An account
stated creates a new cause of action in which pleading and
proof of the original items of indebtedness are unnecessary.
Debtors and Creditors. The creditor in a
valid account stated may recover thereon without pleading and
proving the original items of the indebtedness.
Debtors and Creditors: Proof. The failure to
object to an account stated is admissible in evidence as
tending to prove an acknowledgment of its correctness; proof
of an express promise to pay is not required.
Debtors and Creditors. An account stated is
not subject to the usual defenses attacking the original
items of indebtedness, but is subject to the defenses of
usury, fraud, and mistake.
Neb.App. 785] 9. Appeal and Error. Errors
that are assigned but not argued will not be addressed by an
from the District Court for Douglas County: Timothy P. Burns,
I. Abrahamson, of Abrahamson Law Office, for appellant.
E. Bauer and Shawn D. Flint, of Gurstel Law Firm, PC, for
Chief Judge, and Riedmann, Judge, and Inbody, Judge, Retired.