" D B Feedyards v. Environmental Sciences, 16 Neb.App. 516, 526-27, 745 N.W.2d 593, 603 (2008) (quoting Schlanbusch v. Schlanbusch, 103 Neb. 588, 173 N.W. 580 (1919)). When a party voluntarily complies with the mandate of the trial court, satisfying the judgment, the appeal no longer presents an actual controversy, but an abstract question.
Additionally, the law is clear that "'[w]hen an ordinary law action is pending in this court on appeal, and the parties by agreement settle and dispose of the whole controversy, it becomes, so far as this court is concerned, a moot case, and will not be further investigated, but will be dismissed.'" D B Feedyards v. Environmental Sciences, 16 Neb.App. 516, 745 N.W.2d 593 (2008),
The question of proximate cause, in the face of conflicting evidence, is ordinarily one for the trier of fact, and the court's determination will not be set aside unless clearly wrong. D B Feedyards v. Environmental Sciences, 16 Neb. App. 516, 745 N.W.2d 593 (2008). The court found that the Appellant had not presented credible evidence that "but for the actions and omissions of . . . Casebolt, . . . Reed would either not have had pulmonary emboli or that the pulmonary emboli would not have resulted in death."