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Jordan v. Jordan

Court of Appeals of Nebraska

September 4, 2018

Gary R. Jordan, appellant,
v.
Kelly R. Jordan, now known as Kelly R. Fairchild, et al., appellees.

         1. Collateral Estoppel: Res Judicata. The applicability of the doctrines of collateral estoppel and res judicata is a question of law.

         2. Judgments: Appeal and Error. On a question of law, an appellate court is obligated to reach a conclusion independent of the determination reached by the court below.

         3. Issue Preclusion. Issue preclusion bars relitigation of a finally determined issue that a party had a prior opportunity to fully and fairly litigate.

         4. Judgments: Issue Preclusion. Issue preclusion applies where (1) an identical issue was decided in a prior action, (2) the prior action resulted in a final judgment on the merits, (3) the party against whom the doctrine is to be applied was a party or was in privity with a party to the prior action, and (4) there was an opportunity to fully and fairly litigate the issue in the prior action.

         5. Issue Preclusion. Issue preclusion applies only to issues actually litigated.

         6. Judgments: Words and Phrases. A judgment is on the merits if the judgment is based upon legal rights, as distinguished from mere matters of practice, procedure, jurisdiction, or form.

         7. Issue Preclusion: Parties. Privity implies a relationship by succession or representation between the party to the second action and the party to the prior action in respect to the right adjudicated in the first action.

         8. Issue Preclusion: Words and Phrases. In its broadest sense, "privity" is defined as mutual or successive relationships to the same right of property, or such an identification of interest of one person with another as to represent the same legal right.

         [26 Neb.App. 281] 9. Issue Preclusion. For the purpose of issue preclusion, the mere fact that litigants in different cases are interested in the same question or desire to prove or disprove the same fact or set of facts is not a basis for privity between the litigants.

         10. Appeal and Error. An appellate court is not obligated to engage in an analysis that is not necessary to adjudicate the case and controversy before it.

          Appeal from the District Court for Phelps County: Terri S. Harder, Judge.

          Kent A. Schroeder, of Ross, Schroeder & George, L.L.C., for appellant.

          Galen E. Stehlik, of Stehlik Law Firm, P.C., L.L.O., for appellee.

          Pirtle, Riedmann, ...


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