Gerdes v. Klindt

Gene Gerdes, the garnishor, filed a garnishment action to determine the liability of Marvin Stumpf, the garnishee. The trial court sustained Stumpf’s motion for summary judgment, and Gerdes now appeals.

SCOPE OF REVIEW

Summary judgment is proper when the pleadings, depositions, admissions, stipulations, and affidavits in the record disclose that there is no genuine issue of material fact or as to the ultimate inferences to be drawn from those facts and that the moving party is entitled to judgment as a matter of law. D.K. Buskirk & Sons v. State, 252 Neb. 84, 560 N.W.2d 462 (1997).

On appellate…