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Mondelli v. Kendel Homes Corp.

With regard to the Mondellis' appeal, we conclude that the district court abused its discretion in excluding the testimony of Drs. Pour and King. This exclusion of evidence was prejudicial error. The district court did not abuse its discretion in refusing to allow joinder of the claims of the Mondelli family.

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Appellate Argument Scheduled in Important Charitable Foundation Case

Domina Law Group pc llo's appeal on behalf of the sole surviving family members who represent the Hitchcock family, will be heard in the Nebraska Supreme Court in March. Domina Law Group pc llo, and Omaha attorney, David Lanphier, represent the surviving descendants of Martha Kounze Hitchcock, deceased wife of former US Senator, Gilbert Hitchcock. Sen. & Mrs. Hitchcock formed the Gilbert and Martha Hitchcock Foundation. The Foundation's purposes included support of journalism students.

A controversy broke out in 2001 concerning governance of the Gilbert M. and Martha H. Hitchcock Foundation. Eventually, non-family directors dispossessed the Hitchcock descendants because they desired to take the Foundation in a different direction for purposes of investment and gifting.

The central appellate point of the Kounze family members prosecuting the appeal concerns the impropriety of the State Court proceedings. "We contend the Attorney General was not notified and important jurisdictional steps were not correctly invoked," Dave Domina said. Domina and Lanphier, who authored the Brief for the Supreme Court, have asked the Court to overturn the District Court and dismiss the proceedings pending below because they were improperly commenced. "We think it is clear that the outside forces prosecuting this case did not comply with essential procedural steps, their judgment is void, and if there is a proceeding on the merits after remanded, we doubt they can sustain their position." Domina will argue the case orally before the Supreme Court in March 2006.

February 13, 2006
David A. Domina

Domina Law Group pc llo is a firm of trial lawyers. We specialize in complex litigation on a national basis. Our lawyers are ethical, aggressive, and committed to providing spirit and vitality to the judicial system and our client’s legal rights.

Categories: Appellate Court

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