Nebraska Supreme Court Decisions 2018
Date: December 28, 2018
Citation: 301 Neb. 963
Docket Number: S-17-1099
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant of possession of methamphetamine and sentencing her to two years’ probation, holding that the trial court did not err in overruling…
Date: December 28, 2018
Citation: 301 Neb. 977
Docket Number: S-17-1209
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting summary judgment in favor of M&D Trucking, LLC (M&D) and dismissing Appellants’ claims in this personal injury action, holding that there were no…
Date: December 21, 2018
Citation: 301 Neb. 933
Docket Number: S-17-1144
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court vacated all prior orders pertaining to custody or visitation of Child, holding that the district court properly determined that it did not have and never had…
Date: December 21, 2018
Citation: 301 Neb. 929
Docket Number: S-17-818
Date: December 21, 2018
Citation: 301 Neb. 947
Docket Number: S-18-058
Justia Opinion Summary: The Supreme Court reversed the decision of the district court granting summary judgment in favor of Keller Williams Realty in this lawsuit against Donna Rook, successor personal representative of the estate of Donald…
Date: December 14, 2018
Citation: 301 Neb. 873
Docket Number: S-17-1166
Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction of possession of a controlled substance with intent to deliver and of being a habitual criminal and Defendant’s sentence of ten to eighteen years in prison, holding that…
Date: December 14, 2018
Citation: 301 Neb. 895
Docket Number: S-17-1181
Justia Opinion Summary: The Supreme Court reversed in part the trial court’s partial denial of Defendant’s motion for return of some seized property, holding that the court’s partial denial of the motion was apparently premised on an incorrect…
Date: December 14, 2018
Citation: 301 Neb. 912
Docket Number: S-17-1217
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court affirming the judgment of the county court overruling Defendant’s motion to withdraw a no contest plea he entered years earlier pursuant to Nev. Rev. Stat.…
Date: December 14, 2018
Citation: 301 Neb. 838
Docket Number: S-17-712
Justia Opinion Summary: The Supreme Court reversed the opinion of the district court affirming the decision of the Nebraska Department of Health and Human Services (DHHS) terminating the Medicaid benefits of Eric S., holding that the corpus of…
Date: December 14, 2018
Citation: 301 Neb. 856
Docket Number: S-17-926
Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions and sentences for one count of first degree sexual assault of a child and two counts of incest related to an incident with his girlfriend’s children, holding that the…
Date: December 7, 2018
Citation: 301 Neb. 833
Docket Number: S-17-1332
Justia Opinion Summary: The Supreme Court dismissal this appeal from an order of the district court denying Appellant’s request for a stay of an order of sale in a judicial foreclosure action, holding that the order denying the request for a…
Date: December 7, 2018
Citation: 301 Neb. 778
Docket Number: S-17-387
Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions and sentences for first degree murder, use of a deadly weapon to commit a felony, and possession of a deadly weapon by a prohibited person but modified the sentencing…
Date: December 7, 2018
Citation: 301 Neb. 806
Docket Number: S-17-518
Date: December 7, 2018
Citation: 301 Neb. 810
Docket Number: S-17-931
Justia Opinion Summary: At issue in this appeal was whether the district court lacked subject matter jurisdiction to consider Azar Webb’s 42 U.S.C. 1983 claim in the same lawsuit in which the court considered an appeal from a contested case…
Date: November 30, 2018
Citation: 301 Neb. 673
Docket Number: S-17-1133
Justia Opinion Summary: The Supreme Court affirmed the order of the district court that rescinded an ex parte domestic abuse protection order against Oscar G., holding that the district court did not err in rescinding the ex parte domestic…
Date: November 30, 2018
Citation: 301 Neb. 697
Docket Number: S-17-1197
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant of possession of a controlled substance and child abuse, holding that Defendant was not unconstitutionally seized when Defendant was…
Date: November 30, 2018
Citation: 301 Neb. 724
Docket Number: S-17-1243
Justia Opinion Summary: The Supreme Court dismissed this appeal after the district court administratively dismissed a negligence action for failure to timely submit a proposed scheduling order and then granted a motion to reinstate the case,…
Date: November 30, 2018
Citation: 301 Neb. 633
Docket Number: S-17-535
Justia Opinion Summary: The Supreme Court affirmed the order of the district court that denied Defendant’s motion for postconviction relief without an evidentiary hearing, holding that the district court did not err by denying Defendant’s…
Date: November 30, 2018
Citation: 301 Neb. 661
Docket Number: S-17-556
Date: November 30, 2018
Citation: 301 Neb. 734
Docket Number: S-18-096
Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions and sentences for first degree murder and first degree assault, affirmed his convictions but vacated his sentences for use of a weapon to commit a felony and possession…
Date: November 30, 2018
Citation: 301 Neb. 748
Docket Number: S-18-165
Date: November 30, 2018
Citation: 301 Neb. 756
Docket Number: S-18-239
Justia Opinion Summary: The Supreme Court reversed the order of the district court denying Defendant’s motion for testing under the DNA Testing Act, Neb. Rev. Stat. 29-4116 to 29-4125, and Defendant’s motion for the appointment of counsel,…
Date: November 30, 2018
Citation: 301 Neb. 768
Docket Number: S-18-375
Justia Opinion Summary: The Supreme Court dismissed Appellant’s appeal of a district court order overruling his motion to reconsider the denial of his motion to transfer to juvenile court under Neb. Rev. Stat. 29-1816, holding that the Court…
Date: November 30, 2018
Citation: 301 Neb. 774
Docket Number: S-18-413
Justia Opinion Summary: The Supreme Court reversed the decision of the district court denying without a hearing Appellant’s motion seeking a hearing at which he could prove that he was not informed of the district court’s denial of his motion…
Date: November 16, 2018
Citation: 301 Neb. 579
Docket Number: S-17-1234
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court denying Appellant’s second motion for postconvcition relief, holding that Appellant’s second motion was barred by the limitation period set forth in Neb. Rev.…
Date: November 16, 2018
Citation: 301 Neb. 594
Docket Number: S-17-1296
Justia Opinion Summary: In this challenge related to a decedent’s estate the Supreme Court affirmed the judgment of the county court determining that the evidence was insufficient to prove damages for the conversion of estate property allegedly…
Date: November 16, 2018
Citation: 301 Neb. 560
Docket Number: S-17-771
Justia Opinion Summary: The Supreme Court affirmed the district court’s denial of Appellant’s motion for postconviction relief without an evidentiary hearing, holding that Appellant’s postconviction motion failed to state a claim for…
Date: November 16, 2018
Citation: 301 Neb. 612
Docket Number: S-18-009
Justia Opinion Summary: The Supreme Court affirmed the finding of the Workers’ Compensation Court that Employee, who was injured during the course and scope of her employment, had reached maximum medical improvement prior to the stroke she…
Date: November 9, 2018
Citation: 301 Neb. 516
Docket Number: S-17-1121
Justia Opinion Summary: The Supreme Court reversed the district court’s finding that the State had a lien on an appearance bond deposit assigned to a debtor’s former attorney, holding that appearance bond funds are not personal property…
Date: November 9, 2018
Citation: 301 Neb. 531
Docket Number: S-17-1240
Justia Opinion Summary: At issue in this appeal was whether the statutory scheme regulating intrastate motor carriers imputes an employer-employee relationship between a general contractor and a subcontracting motor carrier’s employee for…
Date: November 9, 2018
Citation: 301 Neb. 488
Docket Number: S-17-955
Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction of first-degree murder murder and second-degree arson and the sentences imposed in connection with the convictions, holding that the evidence was sufficient to support…
Date: November 2, 2018
Citation: 301 Neb. 463
Docket Number: S-17-710
Justia Opinion Summary: The Supreme Court reversed the order of the Court of Appeals denying Paul Gerber’s motion seeking to recover attorney fees from P & L Finance Co., Inc., holding that, while the pleading was styled as a “Motion for…
Date: November 2, 2018
Citation: 301 Neb. 472
Docket Number: S-17-952
Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions of driving under the influence, fifth offense, two counts of child abuse resulting in serious bodily injury, and other offenses but vacated the sentences imposed,…
Date: November 2, 2018
Citation: 301 Neb. 485
Docket Number: S-18-872
Date: October 26, 2018
Citation: 301 Neb. 420
Docket Numbers: S-17-1002, S-17-1026
Justia Opinion Summary: The Supreme Court affirmed the district court’s denial of Defendant’s motion to vacate and the subsequent reinstatement of the sentences originally ordered, holding that the district court did not err by not addressing…
Date: October 26, 2018
Citation: 301 Neb. 426
Docket Number: S-17-1329
Justia Opinion Summary: The Supreme Court dismissed the appeal brought from an order of the district court extending a harassment protection order for one year as moot but applied the public interest exception to mootness to address whether a…
Date: October 26, 2018
Citation: 301 Neb. 401
Docket Number: S-17-818
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court affirming the order of the county court finding Thomas Anderson individually liable to Grady Photography under two oral contracts, holding that there was no…
Date: October 26, 2018
Citation: 301 Neb. 408
Docket Number: S-17-889
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court granting summary judgment in favor of Defendants, a tax attorney and the accounting firm for which he worked, in this malpractice action, holding that…
Date: October 26, 2018
Citation: 301 Neb. 437
Docket Number: S-18-146
Justia Opinion Summary: In vacating the adoption decree in this case, the Supreme Court addressed the proper interpretation of the relevant adoption statutes, as well as the Nebraska Indian Child Welfare Act (NICWA), and whether Father…
Date: October 19, 2018
Citation: 301 Neb. 343
Docket Number: S-17-061
Justia Opinion Summary: The Supreme Court affirmed the decision of the Court of Appeals affirming Defendant’s convictions and sentences for three counts of first degree sexual assault of a child, one count of first degree sexual abuse, and one…
Date: October 19, 2018
Citation: 301 Neb. 388
Docket Number: S-17-1101
Justia Opinion Summary: The Supreme Court reversed the decision of the district court granting summary judgment in favor of the insurer in this insurance dispute, holding that the district court abused its discretion in issuing declaratory…
Date: October 19, 2018
Citation: 301 Neb. 365
Docket Number: S-17-870
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court denying, without an evidentiary hearing, Appellant’s petition for postconviction relief, holding that Appellant was not entitled to an evidentiary hearing on…
Date: October 12, 2018
Citation: 301 Neb. 293
Docket Number: S-17-1158
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court overruling Defendant’s motion to suppress evidence obtained from a traffic stop, holding that this was an investigatory traffic stop supported by reasonable…
Date: October 12, 2018
Citation: 301 Neb. 311
Docket Number: S-17-1188
Justia Opinion Summary: The Supreme Court affirmed the award of the Nebraska Workers’ Compensation Court, holding that none of Employee’s contentions on appeal warranted modification of the award. In his petition, Employee sought temporary…
Date: October 12, 2018
Citation: 301 Neb. 256
Docket Number: S-17-815
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court ruling that IOC Realty Specialist Inc. and its sole shareholder, Bernard Tompkins, violated the Disposition of Personal Property Landlord and Tenant Act by…
Date: October 12, 2018
Citation: 301 Neb. 279
Docket Number: S-17-865
Justia Opinion Summary: In this dispute in which an owner of one property sought to bind the purchaser of another property to the terms of a fifty-year lease agreement entered into between different parties, the Supreme Court affirmed the…
Date: October 5, 2018
Citation: 301 Neb. 228
Docket Number: S-17-1047
Justia Opinion Summary: The Supreme Court affirmed Defendant’s sentence imposed in connection with Defendant's convictions for kidnapping and manslaughter, holding that there was no reversible error in any aspect of the district court’s…
Date: October 5, 2018
Citation: 301 Neb. 241
Docket Number: S-17-1261
Justia Opinion Summary: The Supreme Court vacated in part and dismissed in part the appeal of the dismissal of Appellant’s mandamus action and the cross-appeal of the rejection of Appellee’s sovereign immunity defense, holding that the district…
Date: October 5, 2018
Citation: 301 Neb. 207
Docket Number: S-17-637
Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court convicting Defendant of motor vehicle homicide, manslaughter, driving under the influence of alcohol (DUI) causing serious bodily injury, and refusal to submit…
Date: September 28, 2018
Citation: 301 Neb. 185
Docket Number: S-17-1302
Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction of negligent child abuse resulting in serious bodily injury and sentence of probation, holding that Defendant was not entitled to relief on her ineffective assistance of…
Date: September 28, 2018
Citation: 301 Neb. 125
Docket Numbers: S-17-325, S-17-338, S-17-339, S-17-1126, S-17-1127, S-17-1129
Justia Opinion Summary: In these appeals from identical, successive postconviction motions filed in three cases, the Supreme Court dismissed Appellant’s first appeal for lack of jurisdiction and affirmed the denials of Appellant’s other claim…
Date: September 28, 2018
Citation: 301 Neb. 147
Docket Number: S-17-471
Justia Opinion Summary: The Supreme Court reversed the decision of the arbitration board ruling that the monthly transmission rate the City of Sidney’s whole-sale energy provider, Municipal Energy Agency of Nebraska (MEAN), charged Sidney was…
Date: September 21, 2018
Citation: 301 Neb. 94
Docket Number: S-17-1059
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court dismissing Plaintiff’s amended complaint against two religious organizations alleging fraudulent concealment, holding that the district court properly…
Date: September 21, 2018
Citation: 301 Neb. 102
Docket Number: S-17-1152
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Barbara Hotz’s motion to modify the divorce judgment, holding that the Nebraska Child Support Guidelines excludes alimony between parents from their…
Date: September 21, 2018
Citation: 301 Neb. 117
Docket Number: S-18-437
Date: September 14, 2018
Citation: 301 Neb. 38
Docket Number: S-16-896
Justia Opinion Summary: In this action for indemnification, the Supreme Court affirmed the judgment of the district court awarding Jacobs Engineering Group Inc. the full amount of settlement payments in a lawsuit brought by employees of ConAgra…
Date: September 14, 2018
Citation: 301 Neb. 88
Docket Number: S-17-1033
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court affirming the judgment of the circuit court denying Defendant’s motion to suppress based upon the exclusionary rule’s good faith exception, holding that there…
Date: September 14, 2018
Citation: 301 Neb. 82
Docket Number: S-17-943
Justia Opinion Summary: The Supreme Court affirmed the sentence imposed by the district court for Defendant’s convictions of theft by deception, holding that the sentence and conditions set by the district court were within statutory…
Date: September 12, 2018
Citation: 301 Neb. 19
Docket Number: S-18-825
Justia Opinion Summary: In this challenge to an initiative petition seeking to expand Medicaid coverage the Supreme Court affirmed the judgment of the district court granting summary judgment in favor of Defendants, the named sponsors of the…
Date: September 7, 2018
Citation: 301 Neb. 1
Docket Number: S-16-1051
Justia Opinion Summary: In this action seeking to collect amounts Plaintiff claimed were due on personal guaranties, the Supreme Court affirmed the judgment of the district court entering judgment on a jury verdict in favor of Plaintiff for the…
Date: August 31, 2018
Citation: 300 Neb. 906
Docket Number: S-17-111
Date: August 31, 2018
Citation: 300 Neb. 937
Docket Number: S-17-555
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting summary judgment in favor of Regional West Medical Center and dismissing Plaintiff’s complaint alleging retaliatory discharge and employment…
Date: August 31, 2018
Citation: 300 Neb. 948
Docket Number: S-18-441
Date: August 31, 2018
Citation: 300 Neb. 951
Docket Number: S-18-442
Date: August 24, 2018
Citation: 300 Neb. 825
Docket Number: S-16-451
Justia Opinion Summary: The Supreme Court reversed the decision of the Court of Appeals reversing the decision of the district court quieting title to certain property in favor of Vandelay Investments, LLC and dismissing Plaintiff’s complaint,…
Date: August 24, 2018
Citation: 300 Neb. 870
Docket Number: S-17-377
Justia Opinion Summary: The Supreme Court affirmed the order of the district court that modified Father’s child support obligation to Mother, holding that the district court did not err in the calculation of child support. In the parties’…
Date: August 24, 2018
Citation: 300 Neb. 883
Docket Number: S-17-707
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Appellant postconviction relief without conducting an evidentiary hearing, holding that the district court properly denied relief and without holding…
Date: August 17, 2018
Citation: 300 Neb. 763
Docket Number: S-17-269
Date: August 17, 2018
Citation: 300 Neb. 770
Docket Number: S-17-842
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the district court’s denial of Appellant’s motion for postconviction relief without conducting an evidentiary hearing, holding that the district court erred in…
Date: August 17, 2018
Citation: 300 Neb. 794
Docket Number: S-17-914
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the district court’s denial of Appellant’s motion for postconviction relief without conducting an evidentiary hearing, holding that Appellant was entitled to an…
Date: August 10, 2018
Citation: 300 Neb. 722
Docket Number: S-16-329
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court ruling in favor of Plaintiff on his claim that Defendants failed to pay him for work he performed on their residence, holding that there was no merit to…
Date: August 10, 2018
Citation: 300 Neb. 734
Docket Number: S-17-761
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant of two counts of sexual assault of a child in the first degree and other crimes and sentencing Defendant to consecutive terms totaling…
Date: August 3, 2018
Citation: 300 Neb. 670
Docket Number: S-16-855
Justia Opinion Summary: The Supreme Court affirmed the declaration of the district court that the fair market value of Fred Assam’s ownership interest in the law firm of Fredericks Peebles & Morgan LLP (FPM) was $590,000. After Assam…
Date: August 3, 2018
Citation: 300 Neb. 694
Docket Number: S-17-740
Justia Opinion Summary: The Supreme Court affirmed the district court’s denial of Appellant’s successive motion for postconviction relief on the grounds that the motion was time barred under the one-year limitations period of Neb. Rev. Stat.…
Date: August 3, 2018
Citation: 300 Neb. 708
Docket Number: S-17-985
Justia Opinion Summary: In this workers’ compensation case, the Supreme Court affirmed the compensation court’s findings that Plaintiff was entitled to benefits and that the court did not have jurisdiction to resolve issues regarding a…
Date: July 27, 2018
Citation: 300 Neb. 629
Docket Number: S-17-1034
Justia Opinion Summary: The Supreme Court affirmed the order of the district court overruling Defendant’s postconviction motion claiming ineffective assistance of counsel without an evidentiary hearing and without appointing counsel, holding…
Date: July 27, 2018
Citation: 300 Neb. 646
Docket Number: S-17-1056
Justia Opinion Summary: The Supreme Court held that the county court erred when it concluded that the appointed guardian (Guardian) of her juvenile nephew (Juvenile) had not satisfied 8 U.S.C. 1101(a)(27)(J) and therefore denied Guardian’s…
Date: July 27, 2018
Citation: 300 Neb. 659
Docket Number: S-17-1142
Justia Opinion Summary: The Supreme Court held that the county court erred when it declined to make special factual findings for Juvenile to apply for special immigrant juvenile (SIJ) status under 8 U.S.C. 1101(a)(27)(J) on the grounds that it…
Date: July 27, 2018
Citation: 300 Neb. 601
Docket Number: S-17-872
Justia Opinion Summary: The Supreme Court affirmed Defendant’s plea-based conviction and sentence for attempted violation of Nebraska’s Sex Offender Registration Act (SORA), holding that the district court did not commit plain error by…
Date: July 27, 2018
Citation: 300 Neb. 617
Docket Number: S-17-951
Justia Opinion Summary: The Supreme Court affirmed the sentences imposed in connection with Defendant’s conviction for second degree murder and first degree assault, holding that there was no merit to the arguments Defendant raised on appeal…
Date: July 20, 2018
Citation: 300 Neb. 589
Docket Number: S-17-1110
Justia Opinion Summary: The Supreme Court affirmed the decision of the Workers’ Compensation Court determining that Appellant’s injuries did not “arise out of” his employment, holding that Appellant’s assignment of error on appeal was without…
Date: July 20, 2018
Citation: 300 Neb. 548
Docket Number: S-17-891
Justia Opinion Summary: The recent amendment for finalizing lump-sum settlements under Neb. Rev. Stat. 48-139(4) is procedural in nature and therefore applies to this workers’ compensation case, which was pending on appeal when section 48-139…
Date: July 20, 2018
Citation: 300 Neb. 563
Docket Number: S-17-925
Justia Opinion Summary: The Supreme Court affirmed the conclusion of the district court that Mother’s petition for habeas corpus challenging Adoptive Parents’ custody over the child in this case did not state a claim, holding that the court did…
Date: July 20, 2018
Citation: 300 Neb. 582
Docket Number: S-17-970
Justia Opinion Summary: The Supreme Court reaffirmed that the language of the Administrative Procedure Act (APA) directing that proceedings from review of actions taken by Nebraska administrative agencies or political subdivisions be instituted…
Date: July 13, 2018
Citation: 300 Neb. 455
Docket Number: S-15-1014
Justia Opinion Summary: In this matter concerning the administration of the Henry B. Wilson, Jr., Revocable Trust Dated June 27, 2002 the Court of Appeals erred in interpreting the order of the county court to have removed the cotrustees of the…
Date: July 13, 2018
Citation: 300 Neb. 466
Docket Number: S-17-485
Justia Opinion Summary: Millard Gutter Company’s voluntary dismissal of its civil action against American Family Insurance Company had no effect on the district court’s authority to make further rulings, but the court erred in taxing technology…
Date: July 13, 2018
Citation: 300 Neb. 485
Docket Number: S-17-674
Justia Opinion Summary: The district court did not err in finding that Elizabeth Mays, an exotic dancer with Midnite Dreams, Inc., doing business as Shaker’s, was an employee entitled to compensation under the Federal Labor Standards Act…
Date: July 13, 2018
Citation: 300 Neb. 510
Docket Number: S-17-982
Justia Opinion Summary: The Supreme Court overruled the State’s exception in this exception proceeding challenging the juvenile court’s rulings on a motion to recuse and a motion to join the underlying case with that of another minor. In a…
Date: July 13, 2018
Citation: 300 Neb. 523
Docket Number: S-17-995
Justia Opinion Summary: The Supreme Court affirmed the trial court’s grant of summary judgment in this quiet title action filed by Richard Jordan seeking to invalidate a mortgage lien on the ground that it was an improper encumbrance of the…
Date: July 6, 2018
Citation: 300 Neb. 446
Docket Number: S-17-1182
Justia Opinion Summary: The Supreme Court affirmed the order of the separate juvenile court of Lancaster County that the Nebraska Department of Health and Human Services (DHHS) arrange and pay for Paxton H., a juvenile in its care and custody,…
Date: July 6, 2018
Citation: 300 Neb. 423
Docket Number: S-17-356
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court dismissing the claims brought by a trust’s grantors and beneficiaries for constructive trusts against other parties who had dealt with the trustee, holding…
Date: July 6, 2018
Citation: 300 Neb. 434
Docket Number: S-17-816
Justia Opinion Summary: The Supreme Court affirmed the determination of the district court in this declaratory judgment action (1) a contract between Ray Anderson, Inc. (Anderson) and Buck’s, Inc. to supply “BP-branded” motor fuel did not…
Date: June 29, 2018
Citation: 300 Neb. 412
Docket Number: S-17-1075
Justia Opinion Summary: The Supreme Court affirmed the dismissal of Appellant’s wrongful discharge claim on the ground that it was barred by the doctrine of claim preclusion. Appellant filed a complaint against her former employer, alleging…
Date: June 29, 2018
Citation: 300 Neb. 372
Docket Number: S-17-436
Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction for possession of a deadly weapon by a prohibited person, holding that the district court did not err when it overruled Defendant’s motion to reveal the identity of a…
Date: June 29, 2018
Citation: 300 Neb. 391
Docket Number: S-17-721
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing Defendant’s postconviction motion on the grounds that the motion was filed outside the one-year limitations period under Neb. Rev. Stat.…
Date: June 29, 2018
Citation: 300 Neb. 401
Docket Number: S-17-997
Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions of aggravated driving under the influence and displaying unlawful or fictions license plates. The Court held that the district court did not err in (1) there was…
Date: June 22, 2018
Citation: 300 Neb. 289
Docket Number: S-17-074
Justia Opinion Summary: A substantial right is not affected until judgment is entered in a garnishment action, and therefore, a judgment debtor who unsuccessfully objects to a garnishment may not immediately appeal. After the district court…
Date: June 22, 2018
Citation: 300 Neb. 355
Docket Number: S-17-1092
Justia Opinion Summary: Because third degree sexual assault is not a lesser-included offense of first degree sexual assault, the juvenile court erred in adjudicating Jordan B. based on its finding that he committed third degree sexual assault…
Date: June 22, 2018
Citation: 300 Neb. 296
Docket Number: S-17-359
Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions and sentences for first degree murder, unlawful discharge of a firearm, and other crimes, holding that Defendant was not entitled to relief on his claims of…
Date: June 22, 2018
Citation: 300 Neb. 317
Docket Number: S-17-540
Justia Opinion Summary: At issue was whether Defendant implicitly consented to a mistrial and, if not, whether there was manifest necessity for a mistrial. In this criminal case, the trial court declared a mistrial after determining that…
Date: June 22, 2018
Citation: 300 Neb. 333
Docket Number: S-17-576
Justia Opinion Summary: In this appeal from a default judgment, the Supreme Court reversed the district court’s decision denying Appellant’s motion for reconsideration or, in the alternative, to set aside the default judgment on the basis of…
Date: June 22, 2018
Citation: 300 Neb. 344
Docket Number: S-17-991
Justia Opinion Summary: At issue in this appeal from a sentence imposing both imprisonment and postrelease supervision was the fees and payments required under the postrelease supervision order. Defendant entered a no contest plea to a felony.…
Date: June 15, 2018
Citation: 300 Neb. 195
Docket Number: S-17-461
Date: June 15, 2018
Citation: 300 Neb. 210
Docket Number: S-17-486
Justia Opinion Summary: The Supreme Court affirmed the denial of Appellant’s motion to dismiss or stay proceedings and compel arbitration, holding that the issue of whether the arbitration agreement in this case was enforceable was properly…
Date: June 15, 2018
Citation: 300 Neb. 237
Docket Number: S-17-529
Justia Opinion Summary: The Supreme Court affirmed the decision of the arbitration board finding that a discount to wholesale customers who renewed their contractual relationship with Nebraska Public Power District (NPPD) was not discriminatory…
Date: June 15, 2018
Citation: 300 Neb. 256
Docket Number: S-17-814
Justia Opinion Summary: At issue was the tax exempt status of land purchased by the Upper Republican Natural Resources District (NRD) as part of a ground water integrated management plan. The NRD retired irrigated acres and converted them to…
Date: June 8, 2018
Citation: 300 Neb. 152
Docket Number: S-16-893
Justia Opinion Summary: The Supreme Court reversed the order of the district court vacating Defendant’s conviction for driving under the influence (DUI) and granting him a new trial on the grounds that his warrantless blood draw was unlawful…
Date: June 8, 2018
Citation: 300 Neb. 159
Docket Number: S-17-687
Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions for operating a motor vehicle during a time of suspension, possession of a controlled substance, and possession of drug paraphernalia. Defendant was sentenced to a…
Date: June 8, 2018
Citation: 300 Neb. 171
Docket Number: S-17-689
Justia Opinion Summary: The Supreme court vacated the district court’s order granting grandparent visitation to Frederick and Ann Heiden and remanded with directions to dismiss, holding that the Heidens were not grandparents of the children at…
Date: June 8, 2018
Citation: 300 Neb. 179
Docket Number: S-17-723
Justia Opinion Summary: The Supreme Court dismissed for lack of jurisdiction the State’s appeal from the district court’s order disestablishing paternity of one child and taking no action on other claims in this proceeding initiated by the…
Date: June 8, 2018
Citation: 300 Neb. 187
Docket Number: S-17-983
Justia Opinion Summary: The Supreme Court reversed the district court’s declaration that the arbitration agreement at issue in this case was void and unenforceable on state law grounds and for being contrary to public policy, holding that the…
Date: June 1, 2018
Citation: 300 Neb. 100
Docket Number: S-17-086
Justia Opinion Summary: The district court properly found that Peter Zelenka met his burden of proving that a French bulldog named “Princess Pot Roast,” referred to by the parties as “Pavlov,” was a gift from Jason Pratte and correctly ordered…
Date: June 1, 2018
Citation: 300 Neb. 112
Docket Number: S-17-539
Justia Opinion Summary: The Supreme Court affirmed Defendant’s sentence of seventy years to life imprisonment imposed for a murder he committed at the age of fourteen. Defendant pled guilty to second degree murder. In 1988, the district court…
Date: June 1, 2018
Citation: 300 Neb. 128
Docket Number: S-17-580
Justia Opinion Summary: The Supreme Court affirmed the district court’s partial granting of Defendants’ motion for judgment notwithstanding the verdict (JNOV) and modified the jury award in this case alleging legal malpractice and fraudulent…
Date: June 1, 2018
Citation: 300 Neb. 141
Docket Number: S-17-646
Justia Opinion Summary: The Supreme Court reversed the district court’s dismissal of Plaintiffs’ amended complaint with prejudice for failure to state a claim because amendment to state a claim was plausible. Plaintiffs, the next-door…
Date: May 25, 2018
Citation: 300 Neb. 57
Docket Numbers: S-17-442, S-17-443, S-17-444
Justia Opinion Summary: The district court did not err when it used Defendant’s Missouri conviction as a prior conviction to enhance his sentences for his present driving under the influence (DUI) convictions. In each of these separate cases,…
Date: May 25, 2018
Citation: 300 Neb. 69
Docket Number: S-17-530
Date: May 25, 2018
Citation: 300 Neb. 72
Docket Number: S-17-600
Justia Opinion Summary: The Supreme Court vacated the judgment of the county court denying Petitioner’s petition to be appointed guardian of his niece, holding that the county court lacked jurisdiction over the guardianship proceedings under…
Date: May 25, 2018
Citation: 300 Neb. 81
Docket Number: S-17-713
Justia Opinion Summary: The Supreme Court affirmed the order of the district court confirming the public sale of a condominium. Appellants, minority owners of the condominium, brought suit against the majority owner, who failed to comply with…
Date: May 18, 2018
Citation: 300 Neb. 1
Docket Number: S-16-931
Justia Opinion Summary: The Supreme Court dismissed Appellant’s appeal from an order dismissing his amended complaint alleging that the conditions at the Nebraska State Penitentiary (NSP) violate his rights under Nebraska law and that his…
Date: May 18, 2018
Citation: 300 Neb. 13
Docket Number: S-17-349
Justia Opinion Summary: The Supreme Court affirmed the decree of dissolution entered by the district, holding that there was no abuse of discretion in either the amount or duration of the alimony award. The district court entered a decree of…
Date: May 18, 2018
Citation: 300 Neb. 26
Docket Number: S-17-518
Justia Opinion Summary: The stop of Defendant’s vehicle for the purpose of gathering information about the presence of stolen firearms and other criminal activity at the residence Defendant drove from, for which a search warrant was being…
Date: May 18, 2018
Citation: 300 Neb. 47
Docket Number: S-17-800
Justia Opinion Summary: In this product liability action, the district court did not abuse its discretion in excluding the claimant’s expert’s testimony regarding causation. Plaintiff brought this product liability action against Hoffman-La…
Date: May 11, 2018
Citation: 299 Neb. 857
Docket Number: S-16-830
Justia Opinion Summary: The Supreme Court reinstated Defendant conviction and related sentence for operating a motor vehicle while under the influence of alcohol, holding that the district court improperly vacated Defendant’s conviction and…
Date: May 11, 2018
Citation: 299 Neb. 959
Docket Number: S-17-1250
Justia Opinion Summary: The Supreme Court affirmed the district court’s grant of Defendant’s motion to transfer his case to juvenile court. Defendant was seventeen years old when he was charged with multiple felonies. The district court…
Date: May 11, 2018
Citation: 299 Neb. 887
Docket Number: S-17-187
Justia Opinion Summary: A determination that a defendant is subject to the Sex Offender Registration Act (SORA) must be reviewed on direct appeal from the underlying conviction and sentence, and such a determination is not subject to an…
Date: May 11, 2018
Citation: 299 Neb. 896
Docket Number: S-17-235
Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions for first degree murder, use of a firearm to commit a felony, and possession of a firearm by a prohibited person, thus rejecting Defendant’s assignments of error.…
Date: May 11, 2018
Citation: 299 Neb. 933
Docket Number: S-17-873
Justia Opinion Summary: The Supreme Court affirmed the order of the Tax Equalization and Review Commission (TERC) affirming the valuations of certain grassland properties owned by the Betty L. Green Living Trust and the Richard R. Green Living…
Date: May 11, 2018
Citation: 299 Neb. 949
Docket Number: S-17-885
Justia Opinion Summary: The Supreme Court reversed the decision of the district court dismissing Appellants’ claim seeking damages for breach of contract, breach of warranty, and fraudulent misrepresentation after discovering hail damage to the…
Date: May 4, 2018
Citation: 299 Neb. 806
Docket Number: S-16-985
Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals remanding this cause with directions to vacate Defendant’s conviction for possession of a deadly weapon by a prohibited person and to dismiss the charge…
Date: May 4, 2018
Citation: 299 Neb. 819
Docket Number: S-17-445
Justia Opinion Summary: The Supreme Court affirmed the order of the district court affirming that county court’s grant of summary judgment against Plaintiff on her claim that Defendants tortiously interfered with her business relationship with…
Date: May 4, 2018
Citation: 299 Neb. 834
Docket Numbers: S-17-720, S-17-775
Justia Opinion Summary: The Supreme Court affirmed the juvenile court’s order adjudicating Kane L. and reversed the juvenile court’s order declining to adjudicate Carter L. after Kane and Carter were removed from their family home as a result…
Date: May 4, 2018
Citation: 299 Neb. 848
Docket Number: S-17-961
Justia Opinion Summary: Tina E., the biological aunt and adoptive sister of the father of Joseph C., lacked standing to appeal the juvenile court’s order ruling that Joseph’s placement with his nonrelative foster parents and permanency through…
Date: April 26, 2018
Citation: 299 Neb. 719
Docket Numbers: S-16-1086, S-16-1187, S-17-037
Justia Opinion Summary: In these three consolidated appeals from district court orders in the proceeding for the dissolution of the parties’ marriage, Wallace McCullough appealed an order of contempt for failing to make childcare and property…
Date: April 26, 2018
Citation: 299 Neb. 740
Docket Number: S-17-216
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court affirming a school board’s cancellation of the contract of a certificated employee after holding a formal hearing, thus rejecting the employee’s arguments…
Date: April 26, 2018
Citation: 299 Neb. 762
Docket Number: S-17-257
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Appellant’s motion for postconviction relief following an evidentiary hearing. Appellant was convicted of second degree murder under a theory of…
Date: April 26, 2018
Citation: 299 Neb. 775
Docket Number: S-17-690
Justia Opinion Summary: The Supreme Court affirmed the district court’s denial of Appellant’s motion for forensic DNA testing pursuant to Nebraska DNA Testing Act, thus rejecting Appellant’s assignments of error. Appellant was convicted of…
Date: April 26, 2018
Citation: 299 Neb. 784
Docket Number: S-17-812
Justia Opinion Summary: The Supreme Court vacated the order of the separate juvenile court of Douglas County extending a juvenile’s term of probation and imposing additional community service, holding that the court did not follow applicable…
Date: April 26, 2018
Citation: 299 Neb. 791
Docket Number: S-17-835
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court affirming the county court’s denial, after a hearing, of Appellant’s request to have the county “pay” or waive his probation fees and court costs in his…
Date: April 26, 2018
Citation: 299 Neb. 797
Docket Number: S-17-916
Justia Opinion Summary: The Supreme Court affirmed the Commission of Industrial Relations’ (CIR) denial of Appellant’s petition requesting decertification of the certified collective bargaining agent for the protective service bargaining unit…
Date: April 20, 2018
Citation: 299 Neb. 636
Docket Number: S-16-1205
Justia Opinion Summary: The Supreme Court affirmed the ruling of the court of appeals that the State failed to prove beyond a reasonable doubt that K.M. committed first degree sexual assault under Neb. Rev. Stat. 28-319. The separate juvenile…
Date: April 20, 2018
Citation: 299 Neb. 650
Docket Number: S-17-196
Justia Opinion Summary: The Supreme Court affirmed Defendant’s jury convictions and sentences for first degree murder, use of a deadly weapon to commit a felony, possession of a deadly weapon by a prohibited person, and possession of a…
Date: April 20, 2018
Citation: 299 Neb. 703
Docket Number: S-17-297
Justia Opinion Summary: The Supreme Court affirmed the district court’s dismissal of a motion for postconviction relief without an evidentiary hearing or the appointment of counsel on the basis that the motion was filed outside the one-year…
Date: April 20, 2018
Citation: 299 Neb. 710
Docket Number: S-17-702
Justia Opinion Summary: The Supreme Court reversed the decision of the Nebraska Workers’ Compensation Court sustaining Appellant’s motion for summary judgment insofar as it awarded her benefits for two scheduled injuries but denied her claim…
Date: April 13, 2018
Citation: 299 Neb. 586
Docket Number: S-17-291
Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Appellant postconviction relief after an evidentiary hearing mandated by the Court’s decision in the first appeal. Appellant pled guilty to first degree…
Date: April 13, 2018
Citation: 299 Neb. 596
Docket Number: S-17-528
Justia Opinion Summary: The Supreme Court dismissed Appellant’s appeal from the county court’s order appointing a special administrator in this will contest, holding that the Court lacked jurisdiction over the appeal. Two siblings filed a…
Date: April 13, 2018
Citation: 299 Neb. 612
Docket Number: S-17-538
Justia Opinion Summary: The Supreme Court affirmed the district court’s decree dissolving the marriage of Jennifer Westwood and Cheryl Darnell and dividing their marital estate. After a trial, the district court awarded each party the personal…
Date: April 13, 2018
Citation: 299 Neb. 621
Docket Number: S-17-590
Justia Opinion Summary: The Supreme Court overruled the application of the collateral order doctrine to the extent that it authorized an interlocutory appeal from a denial of sovereign immunity. Plaintiff brought this negligence action against…
Date: April 13, 2018
Citation: 299 Neb. 630
Docket Number: S-17-592
Justia Opinion Summary: The Supreme Court affirmed the determination of the county court that Plaintiff, personal representative of the estate of Richard A. Hasterlik and an individual beneficiary, did not qualify for preferential inheritance…
Date: April 6, 2018
Citation: 299 Neb. 526
Docket Number: S-17-064
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court construing the meaning of provisions in a divorce decree and incorporated property settlement agreement (PSA) regarding payment of post-majority child support…
Date: April 6, 2018
Citation: 299 Neb. 545
Docket Number: S-17-178
Justia Opinion Summary: The Supreme Court reversed the ruling of the district court granting Applied Underwriters Captive Risk Assurance Company, Inc.’s (AUCRA) motion to stay a court case filed by Citizens of Humanity, LLC and CM Laundry, LLC…
Date: April 6, 2018
Citation: 299 Neb. 573
Docket Number: S-17-327
Justia Opinion Summary: The Supreme Court affirmed the district court’s denial of Keshaud Hunt’s motion to transfer his case charging him with multiple felonies arising from two armed robberies to juvenile court. Hunt was fifteen years old when…
Date: March 30, 2018
Citation: 299 Neb. 464
Docket Number: S-16-1123
Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court in favor of Defendants (collectively, the doctors) in this medical negligence action brought by the administrator of the estate of Paul Hemsley (the Estate). In…
Date: March 30, 2018
Citation: 299 Neb. 483
Docket Number: S-17-197
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court granting relief to Appellant in the form of a new sentencing hearing. Appellant was sentenced in 1974 to life imprisonment for a murder he committed when he…
Date: March 30, 2018
Citation: 299 Neb. 497
Docket Number: S-17-360
Justia Opinion Summary: The Supreme Court affirmed the judgment against Borrowers in this action brought by Bank seeking to recover a deficiency owed by Borrowers after it exercised powers of sale under deeds of trust. On appeal, Borrowers…
Date: March 30, 2018
Citation: 299 Neb. 517
Docket Number: S-17-433
Justia Opinion Summary: The Supreme Court reversed the decision of the Nebraska Power Review Board (Board) transferring two newly annexed territories from the Elkhorn Rural Public Power District (ERPPD) to the City of Neligh’s electrical…
Date: March 23, 2018
Citation: 29 Neb. 392
Docket Number: S-16-1146
Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions of two counts of first degree murder and two counts of use of a deadly weapon to commit a felony, holding that Defendant’s assignments of error were without merit. On…
Date: March 23, 2018
Citation: 299 Neb. 447
Docket Number: S-17-1155
Justia Opinion Summary: The Supreme Court affirmed the order of the separate juvenile court transferring Steven S.’s case to county court, holding that there was no abuse of discretion in the transfer. The State charged Steven, a juvenile,…
Date: March 23, 2018
Citation: 299 Neb. 461
Docket Number: S-17-1291
Date: March 23, 2018
Citation: 299 Neb. 400
Docket Number: S-17-146
Justia Opinion Summary: In this case brought by a former patient who sued his psychiatrist for medical malpractice, the Supreme Court affirmed the trial court’s grant of summary judgment for the psychiatrist. The Court held (1) the district…
Date: March 23, 2018
Citation: 299 Neb. 422
Docket Number: S-17-276
Justia Opinion Summary: The Supreme Court vacated the order of the district court for Butler County that reversed the decision of the Butler County Board of Supervisors to deny an application by Butler County Landfill, Inc. (BCL) to expand its…
Date: March 23, 2018
Citation: 299 Neb. 434
Docket Number: S-17-769
Justia Opinion Summary: The Supreme Court vacated the order of the county court overruling Kaitlyn Coble’s motion to seal the record of her citation for two misdemeanors that were subsequently dismissed and the order of the district court…
Date: March 19, 2018
Citation: 299 Neb. 377
Docket Number: S-18-218
Justia Opinion Summary: In this special proceeding before Michael Heavican, the Chief Justice of the Nebraska Supreme Court, Heavican concluded that Robert Krist be included on the primary election ballot as a Democratic candidate for Nebraska…
Date: March 16, 2018
Citation: 299 Neb. 301
Docket Number: S-16-127
Justia Opinion Summary: In this dispute over the calculation of he two-year statute of limitations under the State Tort Claims Act (STCA), the Supreme Court agreed with the lower courts that the action was time barred. Plaintiff filed a…
Date: March 16, 2018
Citation: 299 Neb. 315
Docket Number: S-17-228
Justia Opinion Summary: At issue in this case was whether a lease clause requiring a remainderman that leased real estate from a life tenant for one year ending on October 31, 2015 to pay unspecified real estate taxes made her liable for 2015…
Date: March 16, 2018
Citation: 299 Neb. 329
Docket Number: S-17-348
Justia Opinion Summary: In this case involving Father’s child, Fernando, support obligation to his son, the Supreme Court reversed in part the order of the district court recalculating Father’s child support obligation for Fernando. In 2016,…
Date: March 16, 2018
Citation: 299 Neb. 340
Docket Number: S-17-398
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Defendant’s motion to suppress evidence obtained when officers, following a traffic stop leading to Defendant’s arrest, searched the vehicle Defendant…
Date: March 16, 2018
Citation: 299 Neb. 350
Docket Number: S-17-531
Justia Opinion Summary: The Supreme Court affirmed the disposition of the juvenile court that ordered Juvenile placed in a residential group home, holding that the out-of-home placement order complied with Neb. Rev. Stat. 43-251.01(7). Section…
Date: March 16, 2018
Citation: 299 Neb. 356
Docket Number: S-17-659
Justia Opinion Summary: The Supreme Court affirmed the disposition of the juvenile court that ordered Juvenile placed in a residential group home, holding that the out-of-home placement order complied with Neb. Rev. Stat. 43-251.01(7). Section…
Date: March 16, 2018
Citation: 299 Neb. 362
Docket Number: S-17-703
Justia Opinion Summary: The Supreme Court vacated the order of the district court terminating Defendant’s post-release supervision “unsatisfactorily,” holding that the district court erred in terminating post-release supervision. After finding…
Date: March 9, 2018
Citation: 299 Neb. 206
Docket Numbers: S-16-054, S-16-793
Justia Opinion Summary: In these two consolidated appeals stemming from marital dissolution proceedings, the Supreme Court reversed the court of appeals’ determination that a district court must state specific findings in order to set aside or…
Date: March 9, 2018
Citation: 299 Neb. 232
Docket Number: S-16-1124
Justia Opinion Summary: The Supreme Court vacated Defendant’s sentence imposed on his conviction for use of a deadly weapon to commit a felony and affirmed his convictions for first degree murder and use of a deadly weapon to commit a felony.…
Date: March 9, 2018
Citation: 299 Neb. 249
Docket Number: S-17-031
Justia Opinion Summary: The Supreme Court affirmed the decision of the postconviction court denying Appellant’s motion for postconviction relief asserting twelve acts of ineffective assistance of counsel. The district court denied the motion…
Date: March 9, 2018
Citation: 299 Neb. 276
Docket Number: S-17-116+
Justia Opinion Summary: At issue in these forty appeals, consolidated into four for purposes of appeal, was whether the individual landowners were entitled to an award of attorney fees under Neb. Rev. Stat. 76-726. Just prior to TransCanada…
Date: March 2, 2018
Citation: 299 Neb. 136
Docket Number: S-16-678
Justia Opinion Summary: Under the facts of this case, certain childcare centers did not owe a legal duty to protect an infant from the criminal acts of a former employee. The infant in this case was abused by his nanny, and the infant died…
Date: March 2, 2018
Citation: 299 Neb. 160
Docket Number: S-17-147
Justia Opinion Summary: The Supreme Court affirmed the district court’s order denying Appellant’s motion for postconviction relief, holding that Appellant failed to allege sufficient facts supporting the majority of his claims and that his…
Date: March 2, 2018
Citation: 299 Neb. 170
Docket Number: S-17-150
Justia Opinion Summary: The Supreme Court affirmed Appellant’s conviction for incest but vacated his sentence and remanded for resentencing due to plain error in connection with sentencing. Appellant entered a no contest plea to incest. The…
Date: March 2, 2018
Citation: 299 Neb. 180
Docket Number: S-17-324
Justia Opinion Summary: The Supreme Court affirmed the district court’s denial of a motion to compel arbitration, although for different reasons than those of the district court. In denying the motion to compel arbitration, the district court…
Date: March 2, 2018
Citation: 299 Neb. 187
Docket Number: S-17-466
Justia Opinion Summary: The Supreme Court dismissed this appeal brought by a juvenile challenging an order of the juvenile court ordering that he be removed from his family home and placed in Boys Town, holding that the juvenile court’s order…
Date: March 2, 2018
Citation: 299 Neb. 197
Docket Number: S-17-612
Justia Opinion Summary: Two interim juvenile court orders, one dictating an out-of-home placement and the other continuing it, complied with the statutory requirements of Neb. Rev. Stat. 43-251.01(7)(a) and (b). After in-home services proved…
Date: February 23, 2018
Citation: 299 Neb. 76
Docket Number: S-16-1159
Justia Opinion Summary: The Supreme Court affirmed the dissolution decree entered by the district court dissolving the marriage of Father and Mother. On appeal, Father argued that the court erred in finding that he was the legal father of one…
Date: February 23, 2018
Citation: 299 Neb. 103
Docket Number: S-16-1174
Justia Opinion Summary: The Supreme Court affirmed the divorce decree issued by the district court, which differed from the court’s previously entered decree of legal separation and included an award of alimony and an award of attorney fees to…
Date: February 23, 2018
Citation: 299 Neb. 114
Docket Number: S-17-333
Justia Opinion Summary: According to the plain language of Neb. Rev. Stat. 84-712.05(3), public records useful to an energy policy debate must be released despite an advantage flowing to a competitor. Nebraska Public Power District (NPPD)…
Date: February 23, 2018
Citation: 299 Neb. 128
Docket Number: S-17-521
Justia Opinion Summary: The plain language of Neb. Rev. Stat. 44-513 does not require insurance policies to charge identical copayments for a covered service regardless of the type of provider. Health insurance policyholders brought this…
Date: February 16, 2018
Citation: 299 Neb. 22
Docket Numbers: S-16-1032, S-16-1035, S-16-1033
Date: February 16, 2018
Citation: 299 Neb. 1
Docket Number: S-16-778
Justia Opinion Summary: In this breach of contract action brought by a homeowner (Plaintiff) against the company that laid his asphalt driveway (Defendant), the Supreme Court affirmed in part and in part reversed the judgment of the district…
Date: February 16, 2018
Citation: 299 Neb. 25
Docket Number: S-17-263
Justia Opinion Summary: The Supreme Court affirmed the ruling of the county court that a modification of the terms of the trust of Jennie Shire was not authorized by the Nebraska Uniform Trust Code where the beneficiaries did not unanimously…
Date: February 16, 2018
Citation: 299 Neb. 43
Docket Number: S-17-319
Justia Opinion Summary: The legislature has not enacted any statute that exempts fraternal benefit societies from paying sales and use tax. Woodmen of the World Life Insurance Society, a Nebraska fraternal benefit society, requested an…
Date: February 16, 2018
Citation: 299 Neb. 64
Docket Number: S-17-468
Justia Opinion Summary: The Supreme Court dismissed for lack of jurisdiction Appellant’s appeal from the denial of the portion of his complaint and associated motion asking the district court to declare void a dissolution decree that it had…
Date: February 9, 2018
Citation: 298 Neb. 865
Docket Number: S-16-1027
Justia Opinion Summary: The Supreme Court affirmed in part and reversed and remanded in part an order of the county court resulting from a trust’s beneficiaries’ suit against Lyle A. Forgey, another beneficiary and trustee. The parties were…
Date: February 9, 2018
Citation: 298 Neb. 897
Docket Number: S-17-038
Justia Opinion Summary: The Supreme Court affirmed in part the district court’s decree of dissolution in this case, as modified, and vacated in part the decree. In its decree of dissolution, the district court dissolved the marriage of Mark…
Date: February 9, 2018
Citation: 298 Neb. 910
Docket Number: S-17-073
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant of first degree murder, manslaughter, two counts of use of a deadly weapon to commit a felony, and possession of a deadly weapon by a…
Date: February 9, 2018
Citation: 298 Neb. 936
Docket Number: S-17-202
Justia Opinion Summary: The district court did not have subject matter jurisdiction over Retroactive, Inc.’s appeal of the Nebraska Liquor Control Commission’s denial of its application for a Class C liquor license. Retroactive made an…
Date: February 9, 2018
Citation: 298 Neb. 944
Docket Number: S-17-251
Justia Opinion Summary: The Supreme Court affirmed the orders of the district court that denied Plaintiff’s discovery motions and granted summary judgment in favor of Defendants in this wrongful death action alleging medical malpractice.…
Date: February 9, 2018
Citation: 298 Neb. 961
Docket Number: S-17-363
Justia Opinion Summary: The Supreme Court reversed the district court order granting summary judgment in favor of Heritage Bank in this action for forcible entry and detainer against James Gabel, C.J. Land & Cattle, L.P., and MCGFF, LLC after…
Date: February 9, 2018
Citation: 298 Neb. 970
Docket Number: S-17-389
Justia Opinion Summary: At issue was whether the Platte River Whooping Crane Maintenance Trust, Inc. ("Crane Trust") was a charitable organization within the meaning of Neb. Rev. Stat. 77-202(1)(d). The Crane Trust sought a property tax…
Date: February 2, 2018
Citation: 298 Neb. 800
Docket Number: S-17-107
Justia Opinion Summary: At issue in this custody action was whether the district court’s consent to adoption or the court’s stay of the custody action pending the resolution of the adoption petition presented a final order. Plaintiff, the…
Date: February 2, 2018
Citation: 298 Neb. 819
Docket Number: S-17-177
Justia Opinion Summary: The district court erred in concluding that because of arbitration and venue provisions in an employment contract between the parties, it lacked jurisdiction. Nearly three years into the litigation in this case, the…
Date: February 2, 2018
Citation: 298 Neb. 834
Docket Number: S-17-370
Justia Opinion Summary: The Supreme Court reversed the order of the Tax Equalization and Review Commission (TERC) affirming the decision of the Custer County Assessor regarding the 2012 taxable value of Donald V. Cain, Jr.’s agricultural…
Date: February 2, 2018
Citation: 298 Neb. 855
Docket Number: S-17-487
Date: January 26, 2018
Citation: 298 Neb. 759
Docket Number: S-16-1142
Justia Opinion Summary: The Supreme Court affirmed the order of the district court finding Father in willful contempt of a support order for failure to pay child support. On appeal, Father argued that he did not willfully disobey the support…
Date: January 26, 2018
Citation: 298 Neb. 777
Docket Number: S-16-1193
Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court, entered after a jury trial, in favor of Otoe County School District 66-0111 in this dispute over amounts owed under a contract between the School District and…
Date: January 26, 2018
Docket Number: S-17-1159
Date: January 19, 2018
Citation: 298 Neb. 705
Docket Number: S-16-1005
Justia Opinion Summary: At issue in this action against Tenant, which abandoned leased property and then surrendered the property, was whether the district court correctly awarded damages to the date Landlord, which elected to sell the…
Date: January 19, 2018
Citation: 298 Neb. 736
Docket Number: S-16-1031
Justia Opinion Summary: In this criminal case, the district court did not err in denying Defendant’s plea in bar to charges of sexual assault of a child. During his criminal trial, Defendant moved for a mistrial based upon the court’s decision…
Date: January 19, 2018
Citation: 298 Neb. 675
Docket Number: S-16-441
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant of first degree murder and two counts of possession of a deadly weapon by a prohibited person and sentencing him to life imprisonment on…
Date: January 19, 2018
Citation: 298 Neb. 746
Docket Number: S-17-287
Justia Opinion Summary: An interlocutory appeal is not authorized under Nebraska’s “three strikes” prison litigation statute, Neb. Rev. Stat. 25-3401, which prohibits a prisoner who has previously filed at least three frivolous civil actions…
Date: January 19, 2018
Citation: 298 Neb. 754
Docket Number: S-17-602
Date: January 12, 2018
Citation: 298 Neb. 617
Docket Number: S-16-948
Justia Opinion Summary: The Supreme Court affirmed the order of the district court dismissing Appellants’ complaint alleging that the Nebraska Public Service Commission (PSC) negligently failed to enforce Nebraska statutes and regulations…
Date: January 12, 2018
Citation: 298 Neb. 630
Docket Number: S-17-070
Justia Opinion Summary: The Supreme Court affirmed as modified the district court’s order dismissing with prejudice Plaintiff’s complaint for lack of personal jurisdiction. Plaintiff, an attorney, filed a complaint for breach of contract…
Date: January 12, 2018
Citation: 298 Neb. 654
Docket Number: S-17-173
Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Plaintiff’s motion for new trial in this personal injury action. Plaintiff sued Defendant for negligence after an automobile collision, claiming that her…
Date: January 12, 2018
Citation: 298 Neb. 669
Docket Number: S-17-399
Justia Opinion Summary: A petitioner for habeas corpus relief whose initial motion to proceed in forma pauperis (IFP) was denied and who takes a timely interlocutory appeal from that denial, accompanied by a motion to proceed IFP on appeal,…
Date: January 5, 2018
Citation: 298 Neb. 573
Docket Number: S-16-698
Justia Opinion Summary: The Supreme Court affirmed the order of the trial court entered on a general verdict for Defendants in this medical negligence claim, holding that there was no merit in Defendant’s claims on appeal. Plaintiff sued Greg…
Date: January 5, 2018
Citation: 298 Neb. 598
Docket Number: S-16-861
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Defendant’s amended and supplemental motions for postconviction relief. Defendant was convicted of second degree murder and use of a firearm to…
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