Legal Opinion

Eggland v. Eggland

Nebraska Supreme Court

Decided April 3, 1992No. S-89-1202PublishedCited by 3 opinions

1Opinion of the CourtFahrnbruch, J.

Under the doctrine of res judicata, an issue raised sua sponte by this court, Steven A. Eggland’s appeal of an order of the district court for Lancaster county denying his petition for a partnership accounting must be dismissed. An appellate court may raise the issue of res judicata sua sponte, which this court has elected to do. See Dakota Title v. World-Wide Steel Sys., 238 Neb. 519, 471 N.W.2d 430 (1991).

The issues in this partnership accounting case were determined in the dissolution of marriage proceedings of the parties, which determination was not appealed. We therefore dismiss this…

2Cases cited2 opinions

  1. Dakota Title & Escrow Co. v. World-Wide Steel Systems, Inc.Nebraska Supreme Court · 1991
  2. Southwest Bank of Omaha v. MoritzNebraska Supreme Court · 1979

3Cited by3 opinions

  1. Woodward v. AndersenNebraska Supreme Court · 2001
  2. Hangman v. BrueningNebraska Supreme Court · 1995
  3. Kirkland v. AbramsonNebraska Supreme Court · 1995

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