Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Gerber v. P & L Finance Co., Inc.

Supreme Court of Nebraska

November 2, 2018

Elisa Gerber, appellant,
v.
P & L Finance Co., Inc., a Nebraska corporation, doing business as Elisa Ilana, et al., appellees.

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

         2. Pleadings. When the title of a filing does not reflect its substance, it is proper for a court to treat a pleading or motion based on its substance rather than its title.

         3. Attorney Fees: Statutes: Words and Phrases: Appeal and Error. "Proceeding" as used in Neb. Rev. Stat. § 21-2, 114 (Supp. 2017) includes appeals, and therefore, the statute applies to indemnification for attorney fees incurred in an appeal.

         4. ___: ___: ___: ___. Because Neb. Rev. Stat. § 21-2, 114 (Supp. 2017) provides that a director may apply for indemnification for attorney fees "to the court conducting the proceeding" and because "proceeding" includes an appeal, § 21-2, 114 provides that a director may apply to an appellate court for indemnification related to an appeal that took place in the appellate court.

          Petition for further review from the Court of Appeals. Moore, Chief Judge, and Pirtle and Arterburn, Judges, on appeal thereto from the District Court for Douglas County, Peter C. Bataillon, Judge. Judgment of Court of Appeals reversed, and cause remanded with directions.

          Brian E. Jorde and Christian T. Williams, of Domina Law Group, PC, L.L.O., for appellant.

          Edward D. Hotz, of Pansing, Hogan, Ernst & Bachman, L.L.P, for appellees P & L Finance Co. and Laurie Langdon.

          James Polack, PC, L.L.O., for appellee Paul Gerber.

          Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, Papik, and Freudenberg, JJ.

          Miller-Lerman, J.

         NATURE OF CASE

         We granted appellee Paul Gerber's petition for further review of the order of the Nebraska Court of Appeals which overruled his motion in which he sought to recover attorney fees from coappellee P & L Finance Co., Inc. (P & L). Paul styled his pleading as a "Motion for Attorney Fees." However, in the filing, Paul sought an order requiring P & L, of which he is a director, to indemnify him for attorney fees he incurred in the appeal of a case where he was made a party because he was a director. We reverse the order of the Court of Appeals which denied Paul's request, and we remand the cause to the Court of Appeals with directions to consider the filing as an application for an order for indemnification rather than as a motion for an award of attorney fees.

         STATEMENT OF FACTS

         Elisa Gerber filed an action in the district court for Douglas County against P & L seeking, inter alia, issuance of a stock certificate. She also named as defendants Laurie Lang don and Paul, who are directors of P & L. The defendants moved for summary judgment. The district court determined that Elisa's claim for issuance of a stock certificate was barred by the statute of limitations and, consequently, that her other claims were also barred. The district court granted summary judgment in favor of the defendants. Elisa appealed to the Court of Appeals. On April 24, 2018, the Court of Appeals affirmed the district court's grant of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.