A-24-0945, ODK Capital, LLC v. The Paw Spa Pet Resort, LLC (Appellant), and Kevin Irish
District Court for Douglas County, District Judge LeAnne M. Srb
Attorney for Appellant: Theodore R. Boecker, Jr. (Boecker Law)
Attorneys for Appellee (ODK): Bonnie M. Boryca & Raymond E. Walden (Erickson Sederstrom)
Civil Action: motion to quash and vacate filed in Nebraska garnishment proceeding, following registration of default judgment obtained in Utah
Action taken by the Trial Court: The trial entered an order pursuant to the Uniform Enforcement of Foreign Judgments Act, Neb. Rev. Stat. § 25-1587.01 et seq. to enforce a default judgment against The Paw Spa Pet Resort (Paw Spa) and Kevin Irish (Irish) entered by a Utah court. The judgment resulted from a Business Loan and Security Agreement (BLSA) purportedly signed by Irish on behalf of Paw Spa. Paw Spa filed a motion to quash the garnishment and vacate the default judgment against it. The court held a hearing and received evidence on Paw Spa’s motion. The court entered an order denying the motion, finding that Paw Spa failed to rebut the presumption that the Utah court had personal jurisdiction over Paw Spa. It also found the evidence did not establish that Irish did not have authority to enter into the BLSA on behalf of Paw Spa.
Assignments of Error on Appeal, Consolidated, Reordered, and Restated: Did the trial court err in failing to sustain Paw Spa’s objections to an affidavit? Did the trial court err in adopting an order drafted wholly by opposing counsel? Did the trial court err in denying Paw Spa’s motion to quash the garnishment and vacate the registered judgment?