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RAY v. SULLIVAN

No. A-96-520.

568 N.W.2d 267 (1997)

5 Neb. App. 942

Charles RAY and Dorothy Ray, Appellees, v. Gilbert L. SULLIVAN and Marcia M. Sullivan, Appellants.

Court of Appeals of Nebraska.

August 12, 1997.

Attorney(s) appearing for the Case

William P. Neubauer, Alliance, for Appellants.

Terry Curtiss, of Curtiss, Moravek, Curtiss & Margheim, Alliance, for Appellees.

SIEVERS, MUES, and INBODY, JJ.

SIEVERS, Judge.

This opinion, arising out of an action to recover a deficiency on a promissory note, examines whether payment of a judgment after an issued, but unserved, execution on that judgment can be considered a voluntary payment which cuts off the right to an appeal. We also touch upon the need for postjudgment affidavits filed in the appellate court to explain how and why a judgment being appealed was paid during the pendency of the appeal.

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