J.M. v. Hobbs

797 N.W.2d 227 (2011)

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J.M. v. Hobbs

Nebraska Supreme Court
797 N.W.2d 227 (2011)

Facts

J.M. (plaintiff) was the guardian of C.M., a minor child. J.M. successfully sued Billy Hobbs (defendant) on behalf of C.M. for sexual assault. Hobbs was incarcerated and did not satisfy the judgment owed to C.M. However, Hobbs was a former patrolman and was receiving retirement benefits pursuant to the Nebraska State Patrol Retirement Act (Act). J.M. filed a motion for an order in aid of execution to require Hobbs to use his retirement benefits to pay off the judgment owed to C.M. Hobbs objected to the motion, arguing that his retirement benefits were exempt from execution. The district court agreed with Hobbs and denied J.M.’s motion. J.M. appealed. The Nebraska Supreme Court granted J.M.’s petition to bypass the court of appeals.

Rule of Law

Issue

Holding and Reasoning (Gerrard, J.)

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