Adams Bank & Trust
Major Banks in NE
Pinnacle Bank, 68
Great Western Bank, 52
First National Bank of Omaha, 51
Cornerstone Bank, 48
Wells Fargo Bank, 38
U.S. Bank, 37
Bank of the Adams bank and trust nebraska, 33
Union Bank and Trust Company, 32
Security First Bank, 26
American National Bank, 25
First State Bank, 19
Citizens State Bank, 18
Heritage Bank, 18
First State Bank Nebraska, 17
First Nebraska Bank, 15
All Banks .
Walter L. KUSKIE, Doing Business as Walt Kuskie Construction, Appellant, and Linda L. Kuskie, Appellee,
ADAMS BANK & TRUST OF MADRID, a Nebraska Banking Corporation, Appellee.
Supreme Court of Nebraska.
Blaine T. Gillett, of Ruff, Nisley & Lindemeier, North Platte, for appellant and for appellee Linda L. Kuskie.
Kelly Michael Hogan, of Neil E. Williams & Assoc., P.C., Ogallala, for appellee Adams Bank & Trust.
WHITE, C.J., CAPORALE, FAHRNBRUCH, LANPHIER, WRIGHT, and CONNOLLY, JJ.
This lawsuit brought by the plaintiffs, Walter L. Kuskie, doing business as Walt Kuskie Construction, and Linda L. Kuskie, against Adams Bank & Trust of Madrid, Nebraska (Bank), was dismissed by summary judgment under the doctrine adams bank and trust nebraska res judicata at the district court level.
We affirm the ruling of the district court for Perkins County as to plaintiff Walter Kuskie. We remand the cause for further proceedings as to the plaintiff Linda Kuskie.
Walter Kuskie originally appealed the trial court's dismissal of the lawsuit to the Nebraska Court of Appeals. Pursuant to our authority to regulate the caseloads of the appellate courts, this case was removed from the Court of Appeals' docket to this court's docket.
STANDARD OF REVIEW
In reviewing a summary judgment, an appellate court views the evidence in a light most favorable to the party against whom the judgment is granted and gives such party the benefit of all reasonable inferences deducible from the evidence. Jim's, Inc. v. Willman,247Neb.430, 527N.W.2d626 (1995); Gravel v. Schmidt,247Neb.404, 527N.W.2d199 (1995).
Summary judgment is proper only when the pleadings, depositions, admissions, stipulations, and affidavits in the record disclose that there is no genuine issue as to any material fact or as to the ultimate inferences that may be drawn from those facts and that the moving party is entitled to judgment as a matter of law. Jim's, Inc. v. Willman, supra; Gravel v. Schmidt, supra.
Viewing the evidence in a light most favorable to Walter Kuskie and giving him the benefit of all reasonable inferences deducible from the evidence, the facts of this case are as follows:
On September 19, 1989, Walter and Linda Kuskie filed this action against the Bank, alleging fraudulent inducement on the part of the Bank in the Kuskies' execution of a promissory note and trust deed in the bank's favor.
In February 1984, Walter Kuskie had begun constructing a home for Joseph Vak and his wife. A dispute arose between Kuskie and the Vaks concerning the Vaks' alleged failure to make timely payments due Kuskie for the project. As a result, Kuskie pulled off the job. At the time, both the Kuskies and the Vaks were customers of Security State Bank, predecessor in interest of Adams Bank & Trust of Madrid. The Kuskies owed the Bank approximately $50,000 on a adams bank and trust nebraska secured by a mortgage on their home and security interests on Kuskie's construction equipment.
Kuskie claimed he returned to work on the Vak project on the oral assurances of John Kreuscher, president of the Bank, that Kreuscher would see that Kuskie got paid for the project. In order to complete the Vak home, the Kuskies borrowed more than $40,000 from the Bank. Kuskie claimed that when the Vak project was completed, the Vaks refused to pay Kuskie, and that Kreuscher advised the Kuskies not to sue the Vaks for payment.
The Kuskies alleged that the Bank failed and refused to see that Kuskie was paid for completing the Vak project and that instead the Bank offered to refinance the construction loans with other debt owed by the Kuskies to the Bank. The Kuskies also alleged that they agreed to the refinancing plan because of an oral promise made by a vice president of the Bank to release the Bank's lien on Kuskie's construction equipment. The Kuskies alleged in their petition that the Bank induced them to execute a promissory note and trust deed in favor of the bank in reliance upon the Bank's oral assurances. The Kuskies alleged that the Bank did not release its liens on the construction equipment.
When the Kuskies defaulted on pec pay bill loan and deed of trust, the Bank began procedures to sell the Kuskies' home.
In their petition, the Kuskies asked the district court to (1) cancel a sale of their residence; (2) cancel the debt they alleged was fraudulently obtained for the construction project and all accumulated interest, including any interest already paid; (3) cancel the deed of trust in regard to the alleged loan; (4) reinstate the payment schedule existing prior to March 8, 1985, for the balance of the Kuskies' debt to adams bank and trust nebraska Bank; and (5) grant the Kuskies the costs of this action.
On October 2, 1989, Kuskie filed, individually without Linda, a chapter 13 bankruptcy petition in the U.S. Bankruptcy Court for the District of Nebraska. That action was later converted to a chapter 11 bankruptcy and was completed as a chapter 7 bankruptcy. On October 31, 1990, Kuskie was granted a discharge in bankruptcy.
On July 30, 1990, Kuskie filed an adversary complaint in his bankruptcy action. There, he alleged that he was fraudulently induced into the execution of a promissory note and trust deed by the Bank. In the state court petition, the Kuskies had alleged that they borrowed over $40,000 for Kuskie to complete the Vak residence. In the federal court, Kuskie claimed he borrowed over $19,000. In his federal complaint, Kuskie requested that the bankruptcy court cancel all debt fraudulently obtained by the Bank, as well as accumulated interest and the Bank lien on Kuskie's construction equipment and vehicles.
On June 4, 1991, the adversary proceeding was withdrawn from the bankruptcy court and transferred to the U.S. District Court for the District of Nebraska. On September 27, Kuskie orally requested in open court that his proceeding against the Bank be dismissed. On December 2, the U.S. District Court dismissed Kuskie's case with prejudice.
On July 27, 1993, the Bank filed a motion for summary judgment in the district court for Perkins County, seeking dismissal of the Kuskies' lawsuit. The Bank claimed that the instant action was barred under the doctrine of res judicata, since the claim raised by Kuskie in the instant action was asserted in the U.S. District Court and was dismissed with prejudice.
On August 9, 1993, the trial court found, as a matter of law, that under the doctrine of res judicata the dismissal with prejudice of the U.S. District Court action bars Kuskie from relitigating the same issues in the state court.
Kuskie appealed to the Nebraska Court of Appeals. Linda Kuskie did not join Walter Kuskie as an appellant in this appeal, but under Neb.Ct.R. of Prac. 1C (rev.1992) she is considered an appellee.
ASSIGNMENTS OF ERROR
Summarized and restated, Walter Kuskie's claims are that the trial court erred in finding that Kuskie was barred by the doctrine of adams bank and trust nebraska judicata from pursuing this action and in awarding summary judgment in favor of the Bank.
Kuskie adams bank and trust nebraska that the trial court erred by finding that this state action was barred by res judicata. The record reflects that both the state and federal lawsuits were based upon the same transaction. Kuskie blue ridge bank and trust co raytown mo in both actions that he was fraudulently induced by Bank officers to enter into a secured transaction with the Bank, the Bank president said that the Bank would make certain that payments due Kuskie under a construction contract with another Bank customer would be made, and a Bank vice president said the Bank would release a preexisting lien upon Kuskie's construction equipment.
The doctrine of res judicata bars relitigation not only adams bank and trust nebraska those matters actually litigated, but also of those matters which might have been litigated in an earlier proceeding, Hangman v. Bruening,247Neb.769, 530N.W.2d247 (1995), and Dakota Title v. World-Wide Steel Sys.,238Neb.519, 471N.W.2d430 (1991), if (1) the former judgment was rendered by a court of competent jurisdiction, (2) the former judgment was a final judgment, (3) the former judgment was on the merits, and (4) the same parties or their privies were involved in both actions, Hangman v. Bruening, supra, and Wicker v. Vogel,246Neb.601, 521N.W.2d907 (1994).
The doctrine of res judicata is based on the principle that a final judgment on the merits by a court of competent jurisdiction is conclusive upon the parties in any later litigation involving the same cause of action. In re Estate of Wagner,246Neb.625, 522N.W.2d159 (1994); Schieffer v. Catholic Archdiocese of Omaha,244Neb.715, 508N.W.2d907 (1993). The doctrine of res judicata rests on the necessity to terminate litigation and on the belief that a person should not be vexed twice for the same cause. DeVaux v. DeVaux,245Neb.611, 514N.W.2d640 (1994).
Here, the record reflects that Kuskie's adversary complaint was ultimately dismissed with prejudice by the U.S. District Court for the District of Nebraska, a court of competent jurisdiction. That federal judgment was final and a judgment on the merits of the case. In Simpson v. City of North Platte,215Neb.351, 338N.W.2d450 (1983), this court held that as a general rule, a dismissal with prejudice is an adjudication on the merits. See, also, Citibank, N.A. v. Data Lease Financial Corp.,904F.2d1498 (11th Cir.1990), and Red River Coal Co., Inc. v. Manning Coal Corp.,780F. Supp.378 (W.D.Va.1991), holding that pursuant to Fed. R.Civ.P. 41(a), dismissal of an action with prejudice is a final adjudication on the merits, and that the terms "with prejudice" and "on the merits" are synonymous for res judicata purposes. In Simpson, this court found that the dismissal with prejudice of the action in federal court was tantamount to a judgment on the merits in favor of the defendants, which judgment was res judicata as to Simpson's state lawsuit. A judgment of dismissal on the merits operates to preclude subsequent relitigation of the same cause of action. Id.
In this case, the record shows that the U.S. District Court ordered Kuskie's federal adversary proceeding against the Bank dismissed with prejudice following an oral motion to dismiss by Kuskie. The record does not reflect any direct evidence as to whether Kuskie requested that the federal proceeding be dismissed with or without prejudice. The federal rules do, however, provide a method to object to U.S. District Court judgments.
Fed.R.Civ.P. 59(e) provides that one may file a motion to alter or amend a judgment not later than 10 days after the entry of the judgment. Kuskie's attorney stated during oral argument that his client did not file any objection to the judgment. Kuskie's failure to do so indicates that he had no objection to the dismissal with prejudice of his federal lawsuit. Thus, the federal court's dismissal of Kuskie's lawsuit with prejudice may be considered as an adjudication on the merits.
Finally, the Bank and Kuskie were parties to the federal action as well as the state action.
Construing the evidence in a light most favorable to Kuskie and giving Kuskie the benefit of all reasonable inferences, we find that the doctrine of res judicata bars Walter L. Kuskie, doing business as Walt Kuskie Construction, from prosecuting his action in state court and that the Bank is entitled to judgment as a matter of law. We affirm adams bank and trust nebraska trial court's order of summary judgment as to Walter Kuskie. Our review of the record fails to reveal the district court's disposition of this cause of action as to Linda Kuskie. Because Linda Kuskie was not a party to the federal proceedings, any cause of action remaining as to her is remanded to the district court for further proceedings.
AFFIRMED IN PART, AND IN PART REMANDED FOR FURTHER PROCEEDINGS.
LibertyX Bitcoin ATM
3100 Silverberg Dr, Sidney, NE 69162, USA
Coordinate: 41.1150686, -102.9473321
Sapp Bros Travel Center
2914 Upland Pkwy, Sidney, NE 69162, USA
Coordinate: 41.1178791, adams bank and trust nebraska
LibertyX Bitcoin ATM
2914 Upland Pkwy, Sidney, NE 69162, USA
Coordinate: 41.1183109, -102.9498725
ATM (Sapp Bros Travel Center)
2914 Upland Pkwy, Sidney, NE 69162, USA
Coordinate: 41.11834, -102.9500442
Security First Bank
1205 Jackson St, Sidney, NE 69162, USA
Coordinate: 41.1434963, -102.9795713
First Nebraska Bancs Inc
809 Illinois St, Sidney, NE 69162, USA
Coordinate: 41.1446666, -102.9746589
ATM (Western Convenience)
440 Illinois St, Sidney, NE 69162, USA
Coordinate: 41.1454414, -102.9705856
1028 Toledo St, Sidney, NE 69162, USA
Coordinate: 41.134761, -102.976967
28500 W Park Hwy, Ashland, NE 68003, USA
Coordinate: 41.0178011, -96.3160306
ATM (Cubby's Inc)
13504 238th St, Greenwood, NE 68366, USA
Coordinate: 40.9744511, -96.3874259
28210 W Park Hwy, Ashland, NE 68003, USA
Coordinate: 41.018047, -96.3200558
ATM Centennial Bank
28210 W Park Hwy, Ashland, NE 68138, USA
Coordinate: 41.0177248, -96.3202033
16822 US-6, Ashland, NE 68003, USA
Coordinate: 41.0146705, -96.3888961
American National Bank
363 Main St, Elk Creek, NE 68348, USA
Coordinate: 40.2865557, -96.129021
State Bank of Table Rock
402 Houston St, Table Rock, NE 68447, USA
Coordinate: 40.178496, -96.0964385
State Bank of Table Rock
301 Miner St, Du Bois, NE 68345, USA
Coordinate: 40.0341231, -96.0486204
First National Bank
110 Pawnee St, Burchard, NE 68323, USA
Coordinate: 40.1472546, -96.3491756
Bank of Steinauer
215 Main St, Steinauer, NE 68441, USA
Coordinate: 40.2070679, -96.2347327
Union Bank & Trust ATM
514 G St, Pawnee City, NE 68420, USA
Coordinate: 40.1078347, -96.1528275
First State Bank
201 Main St, Hordville, NE 68846, USA
Coordinate: 41.0795978, -97.8881299
On Oct. 22, when the 19th branch of the Adams Bank & Trust celebrated its grand opening in Sterling, visitors were invited to register a charity of their choice in a drawing for a donation.
Two local non-profits were selected to benefit from the event, with the donations made on behalf of Adams Bank & Trust in the name of the attendee who nominated them. A $1,000 donation was awarded to RE-1 Valley Foundation, nominated by Heide Zajic Eckland of Edward Jones. The foundation, established in 1993, provides funds for programs and activities at RE-1 Valley Schools that are not supported by state education funding.
The $2,000 donation was awarded to Family Resource Center, nominated by Alex Wright of Wright and Williamson, LLC. The non-profit, started in 2006, is “dedicated to encouraging the development of healthy children and strong family units by providing support systems, parent education, and referral services,” their mission statement reads.
The Sterling branch of Adams Bank & Trust, located at 519 W. Main St., Ste. B, officially opened their doors on Aug. 24. Dan E. Long serves as senior business development banker, and Brenda Lechman as ag relationship coordinator. The bank is open from 9 a.m. to 1 p.m. Monday through Friday and by appointment, and can be reached at 970-522-0698.
A privately owned bank, Adams Bank & Trust is headquartered in Ogallala, Neb. The financial institution was founded in 1916 and holds assets of $600 million that offers adams bank and trust nebraska, lending, investment, and trust services. The family-owned bank is led by CEO Todd Adams and President Chad Adams, and has 19 offices in Nebraska, Colorado, and Kansas.
Searching for Adams Bank And Trust Corporate Office info? You have come to exactly the right place. We collected all data about Adams Bank And Trust Corporate Office.
Adams Bank & Trust Personal Banking, Business Banking .
- Home loans have been a cornerstone of Adams Bank & Trust for over 100 years. That experience has helped us create a mortgage team that stands out from our competitors. Allow us the opportunity to demonstrate the difference! Adams Bank & Trust - NMLS #469371. Mortgage Loan Products. Mortgage Loan Process. Mortgage Lenders .
Adams Bank & Trust Corporate Headquarters, Hours, and .
- Mar 31, 2006 · Adams Bank & Trust has 20 banking locations. Their corporate headquarters is listed as: 315 North Spruce Street in Ogallala Nebraska. Below you will find ratings, reviews, corporate information, directions, office hours, their phone number, online banking website, and branch locations.Location: 315 North Spruce Street, Ogallala, 69153, Nebraska
Adams Bank & Trust LinkedIn
- Founded in 1916, the bank remains locally owned and privately held, and has grown over $1,000,000,000 in assets. Todd Adams, CEO, and Chad Adams, …Founded: 1916
Adams Bank & Trust Application
- Adams Bank and Trust. Corporate Office 202 N Spruce St. PO Box 720 Ogallala NE 69153 800-422-3488 Email. NMLS: 469371
Have you found Adams Bank And Trust Corporate Office information?
The links above have surely given you a comprehensive answer to all questions about Adams Bank And Trust Corporate Office.
If you are interested in any other information about corporate offices, headquarters, choose the appropriate page.