Logourl black
From our private database of 14,100+ case briefs...

ProData Computer Services, Inc. v. Ponec

Nebraska Supreme Court
256 Neb. 228 (1999)


Facts

In 1981, Ronald Ponec (defendant), Marion Wamsat, and Joseph Hartley started ProData Computer Services, Inc. (ProData) (plaintiff), a computer business. Wamsat and Hartley were the sole shareholders. Wamsat and Ponec were married in the early years of ProData’s existence, but divorced in 1991. Subsequently, Wamsat and Hartley detected several instances in which Ponec repeatedly converted ProData funds to his own use by writing checks on ProData’s money-market account, making direct payments from ProData’s account to pay for Ponec’s luxuries, and depositing customer checks directly into Ponec’s own personal accounts. In 1996, ProData filed suit against Ponec for fraud, conversion, embezzlement, breach of fiduciary obligations, and breach of employment contract. The jury returned a verdict for ProData in the amount of approximately $580,000, and the trial court imposed a constructive trust on Ponec’s property, including the investment accounts into which the converted funds had been deposited. Ponec appealed, arguing that the trial court had erred because (1) the investment accounts existed before the converted funds were deposited into the accounts and (2) the converted funds had appreciated in value since their deposit.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Miller-Lerman, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 218,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.