S-24-0633 Leslie J. Berkshire, Laurie B. Meyers, Paul Meyers, Lauren K. Meyers, and Jacob B. Meyers, o/b/o of themselves and o/b/o Berkshire Partnership, LP (Plaintiffs/Appellees) v. Richard N. Berkshire (Defendant/Appellant) v. Andrew R. Berkshire et al. (Interested Parties/Appellees)
Appeal from the District Court for Douglas County, Judge J. Russell Derr
Attorneys: Bradley A. Boyum (Boyum Law Office for Appellant) and Brian S. Koerwitz and Eric W. Knutson (Peetz Koerwitz & LaFleur, PC LLO for Appellees).
Civil: Final orders and breach of fiduciary duty
Proceedings below: Appellees sued Appellant and alleged that Appellant breached his fiduciary duty when he was the managing partner of Berkshire Partnership, LP. After trial, the district court entered judgment in favor of Appellees. On its own motion, the Nebraska Supreme Court ordered this case to be transferred from the docket of the Nebraska Court of Appeals to its docket.
Issues: Appellant assigns the following errors: 1) The district court erred by denying the Appellant’s motion to dismiss based on subject matter jurisdiction; 2) The district court erred in allowing Appellees to enter evidence supporting issues that were not specifically pled; 3) The district court erred in ruling that the Appellant waived the affirmative defense of the statute of limitations by failing to raise it in the answer, despite the fact that the necessity of the defense was not known until August 31, 2023, only 25 days before trial; 4) The district court erred in admitting the testimony and/or the expert report submitted by Appellees as it was not submitted in a timely manner, it did not relate to the specific claims of the complaint; 5) The district court erred when it ruled regarding the capital accounts of the partnership because it lacked jurisdiction to specify the timing of the partnership distribution secured by the partnership margin account for accounting and tax. Purposes issued from funds secured by a margin loan held by the partnership; 6) The district court erred in awarding attorney fees; 7) The district court erred in finding that Appellant had no further interest in BP and had a negative Capital Account balance and owed over $798,659 back to BP; 8) The district court erred in finding that Appellant owed $214,869 in rent to Appellees; 9) The district court erred in finding that Appellant owed $199,793 to Appellees for improper cash withdrawals from BFB; 10) The district court erred in finding that Appellant owed $1,014,960 for unreported transfers from BFB; 11) The district court erred in finding that Appellant withdrew $253,645 in cash from BP; 12) The district court erred in overruling Appellant’s motion for specific findings of fact.