Nebraska Supreme Court Decisions 2023
Date: December 15, 2023
Citation: 315 Neb. 568
Docket Number: S-22-254
Justia Opinion Summary: In a divorce case, the appellant, Brian M. Noland, sought to establish that he stood in loco parentis to his stepdaughter, A.B., in order to litigate issues of custody and parenting time. The Nebraska Supreme Court found…
Date: December 15, 2023
Citation: 315 Neb. 596
Docket Numbers: S-23-169, S-23-174
Justia Opinion Summary: In this case, the Nebraska Supreme Court affirmed a lower court's decision, finding that the Middle Republican Natural Resources District (NRD) violated the due process rights of two landowners, Merlin Brown and Uhrich &…
Date: December 15, 2023
Citation: 315 Neb. 617
Docket Number: S-23-301
Justia Opinion Summary: In the case involving Sandra Lopez and Catholic Charities of the Archdiocese of Omaha, the Nebraska Supreme Court affirmed the district court's dismissal of the case, holding that the Nebraska Workers’ Compensation Act…
Date: December 8, 2023
Citation: 315 Neb. 535
Docket Number: S-22-678
Justia Opinion Summary: In this case, the Nebraska Supreme Court had to consider an appeal against a lower court's decision to terminate the parental rights of a mother, Samantha M., to her daughter, Jessalina M. The child had been removed from…
Date: December 8, 2023
Citation: 315 Neb. 549
Docket Number: S-23-168
Justia Opinion Summary: The defendant, Clay Y. Bixby, was convicted for driving under the influence (DUI), which was his third offense. He contended that the district court had erred in using evidence of his two prior DUI convictions to enhance…
Date: December 1, 2023
Citation: 315 Neb. 482
Docket Number: S-22-855
Justia Opinion Summary: The Supreme Court of Nebraska affirmed the convictions and sentences of Trenton R. Esch for first degree murder, use of a deadly weapon to commit a felony, and possession of a deadly weapon by a prohibited person. Esch…
Date: December 1, 2023
Citation: 315 Neb. 510
Docket Number: S-22-979
Justia Opinion Summary: In this case from the Nebraska Supreme Court, the court considered an appeal from a successful will contest. The decedent, Rita A. Walker, died at the age of 84 and her son, Mark E. Walker, filed a petition for formal…
Date: December 1, 2023
Citation: 315 Neb. 527
Docket Number: S-23-243
Justia Opinion Summary: The defendant, Anthony W. Earnest, pled no contest to charges of driving under the influence (DUI) causing serious bodily injury and third degree assault. Following a two-vehicle accident, Earnest was charged and…
Date: November 17, 2023
Citation: 315 Neb. 466
Docket Number: S-22-810
Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions for possession of a firearm by a prohibited person and unlawful discharge of a firearm, holding that there was no reversible error or abuse of discretion in the…
Date: November 9, 2023
Citation: 315 Neb. 445
Docket Number: S-22-393
Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the order of the district court denying Appellant's motion for postconviction relief without holding an evidentiary hearing, holding that there…
Date: November 9, 2023
Citation: 315 Neb. 458
Docket Number: S-23-032
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court ordering reinstatement of D.H.'s firearm rights, holding that there was no error on the part of the district court. After D.H. attempted suicide in 1995 a…
Date: November 3, 2023
Citation: 315 Neb. 413
Docket Number: S-22-673
Date: November 3, 2023
Citation: 315 Neb. 415
Docket Number: S-23-056
Justia Opinion Summary: The Supreme Court reversed Defendant's conviction of possession of a controlled substance and vacated his sentence, holding that the Nebraska Probation Administration Act (the Act) does not permit the increase of the…
Date: November 3, 2023
Citation: 315 Neb. 436
Docket Number: S-23-071
Justia Opinion Summary: The Supreme Court dismissed sixteen-year-old Sayrah P.'s appeal from an order for electronic monitoring and an order for staff secure detention, holding that this appeal lacked a final, appealable order. A juvenile…
Date: October 27, 2023
Citation: 315 Neb. 379
Docket Number: S-22-719
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing Plaintiff's complaint against the Nebraska Department of Correctional Services (DCS) and three of its officials regarding computation of…
Date: October 27, 2023
Citation: 315 Neb. 393
Docket Number: S-22-826
Justia Opinion Summary: The Supreme Court affirmed the decree of dissolution in this case, holding that the district court did not err in awarding Wife alimony and an equalization payment and in equally dividing student loans for the parties'…
Date: October 20, 2023
Citation: 315 Neb. 351
Docket Number: S-22-743
Justia Opinion Summary: The Supreme Court reversed the order of the district court denying Appellant's motion to intervene in a suit involving her husband's estate, holding that Appellant had a direct and legal interest in the litigation…
Date: October 20, 2023
Citation: 315 Neb. 362
Docket Number: S-22-867
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court overruling Defendant's motion to suppress and convicting her of possession of methamphetamine and drug paraphernalia following a stipulated bench trial,…
Date: October 13, 2023
Citation: 315 Neb. 336
Docket Number: S-22-952
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting summary judgment in favor of the State in this action brought by Plaintiff alleging that his injuries were proximately caused by the negligence of a…
Date: October 6, 2023
Citation: 315 Neb. 302
Docket Number: S-22-898
Justia Opinion Summary: The Supreme Court affirmed the order of the district court granting summary judgment after determining that Plaintiff's claim for underinsured motorist benefits against American Family Insurance Company was time-barred,…
Date: October 6, 2023
Citation: 315 Neb. 311
Docket Number: S-23-028
Justia Opinion Summary: The Supreme Court affirmed the determination of the director of the Department of Natural Resources that each purported objector to an application seeking an interbasin transfer to divert surface water from an…
Date: September 22, 2023
Citation: 315 Neb. 272
Docket Number: S-22-798
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of misdemeanor shoplifting and her sentence of a $100 fine, holding that Defendant was not entitled to relief on her allegations of error. On appeal, Defendant argued…
Date: September 22, 2023
Citation: 315 Neb. 285
Docket Number: S-22-822
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing Defendant's lawsuit under the State Tort Claims Act (STCA), Neb. Rev. Stat. 81-8,209 to 81-8,235, based on a finding that Defendant's action was…
Date: September 15, 2023
Citation: 315 Neb. 203
Docket Number: S-21-515
Justia Opinion Summary: The Supreme Court affirmed the order of the district court dismissing Defendant's third motion for new trial without holding an evidentiary hearing, holding that Defendant was not entitled to an evidentiary hearing on…
Date: September 15, 2023
Citation: 315 Neb. 255
Docket Number: S-22-169
Date: September 15, 2023
Citation: 315 Neb. 257
Docket Number: S-22-612
Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Appellant's plea in bar alleging that a trial on the pending charges for violations of the Uniform Controlled Substances Act would subject him to Double…
Date: September 8, 2023
Citation: 315 Neb. 74
Docket Number: S-18-979
Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions for four counts of first degree murder, four counts of use of a weapon to commit a felony, and one count of burglary and his sentences of death for each of the four…
Date: September 1, 2023
Citation: 315 Neb. 1
Docket Number: S-21-419
Justia Opinion Summary: The Supreme Court affirmed the order of the district court that overruled Defendant's motion for postconviction relief without an evidentiary hearing, holding that Defendant's challenges to his convictions and the five…
Date: August 25, 2023
Citation: 314 Neb. 932
Docket Number: S-22-574
Justia Opinion Summary: The Supreme Court affirmed as modified Defendant's convictions for two counts of first degree murder and two counts of use of a firearm to commit a felony, holding that the record was insufficient to address certain…
Date: August 25, 2023
Citation: 314 Neb. 976
Docket Number: S-22-739
Justia Opinion Summary: The Supreme Court affirmed the order of the district court affirming Defendant's convictions and sentences for driving under the influence (DUI), possession of an open alcoholic beverage container, and careless driving,…
Date: August 18, 2023
Citation: 314 Neb. 905
Docket Number: S-22-549
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court awarding Mother sole legal and physical custody of the parties' minor child and making some of Mother's requested findings to support an application to obtain…
Date: August 11, 2023
Citation: 314 Neb. 875
Docket Number: S-22-603
Justia Opinion Summary: The Supreme Court dismissed this interlocutory appeal from a district court order granting a motion to stay arbitration proceedings between the codefendants in the underlying negligence action, holding that the order…
Date: August 11, 2023
Citation: 314 Neb. 889
Docket Number: S-22-673
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the district court finding that Nancy Miles, Cheryl Bettin, and Robert Moninger would by unjustly enriched if they were not required to make…
Date: August 11, 2023
Docket Number: S-23-469
Date: August 4, 2023
Citation: 314 Neb. 825
Docket Number: S-22-411
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court overruling Appellant's motion for disqualification and his criminal sentences imposed in connection with no contest pleas to four felony charges in relation…
Date: August 4, 2023
Citation: 314 Neb. 843
Docket Number: S-22-610
Justia Opinion Summary: The Supreme Court affirmed the summary judgment granted by the district court in favor of a non-shareholder officer and a non-shareholder former director in this suit brought by Landlord seeking to pierce the corporate…
Date: August 4, 2023
Citation: 314 Neb. 857
Docket Number: S-22-693
Justia Opinion Summary: The Supreme Court affirmed the district court granting Wife's motion to alter or amend after granting Husband's motion to alter or amend a stipulated decree of dissolution of marriage based upon a written agreement…
Date: July 28, 2023
Citation: 314 Neb. 782
Docket Number: S-21-642
Justia Opinion Summary: The Supreme Court vacated Defendant's convictions and sentences on four felony charges after a jury trial during which Defendant raised a defense of not responsible by reason of insanity, holding that there was plain…
Date: July 28, 2023
Citation: 314 Neb. 816
Docket Number: S-22-648
Justia Opinion Summary: The Supreme Court dismissed Appellant's appeal of the judgment of the district court affirming the order of the Nebraska Police Standards Advisory Council denying Appellant admission into the basic officer certification…
Date: July 21, 2023
Citation: 314 Neb. 724
Docket Number: S-21-1041
Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals affirming the judgment of the district court granting summary judgment in favor of Defendant and dismissing with prejudice Plaintiff's action for damages…
Date: July 21, 2023
Citation: 314 Neb. 748
Docket Number: S-22-272
Justia Opinion Summary: The Supreme Court dismissed the appeal of the underlying eviction proceedings brought under Nebraska's Uniform Residential Landlord and Tenant Act (the NURLTA), Neb. Rev. Stat. 76-1401, holding that this case was…
Date: July 21, 2023
Citation: 314 Neb. 771
Docket Number: S-22-754
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court upholding the decision of the Nebraska Department of Correctional Services Appeals Board (Appeals Board) upholding the decision of the Institutional…
Date: July 14, 2023
Citation: 314 Neb. 663
Docket Number: S-22-169
Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court convincing Defendant of first degree murder and use of a weapon to commit a felony, holding that Defendant was not entitled to relief on his allegations of…
Date: July 14, 2023
Citation: 314 Neb. 698
Docket Number: S-22-622
Justia Opinion Summary: The Supreme Court reversed in part the judgment of the district court granting Defendant's motion for a directed verdict in this breach of contract action and remanded the cause for a new trial, holding that the district…
Date: July 14, 2023
Citation: 314 Neb. 714
Docket Number: S-22-698
Justia Opinion Summary: The Supreme Court vacated the order of the district court finding that the city council of the City of Fremont (Council) and the City of Fremont (City) lacked reasonable sufficient evidence to terminate a contract with…
Date: July 7, 2023
Citation: 314 Neb. 631
Docket Number: S-22-312
Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals concluding that terminating Father's parental rights was not in reversing best interests and reversed the juvenile court's order terminating Father's…
Date: July 7, 2023
Citation: 314 Neb. 653
Docket Number: S-22-864
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court imposing both imprisonment and post-release supervision in a criminal case, holding that there was no merit to Appellant's claims on appeal. Appellant…
Date: June 30, 2023
Citation: 314 Neb. 597
Docket Number: S-22-239
Justia Opinion Summary: The Supreme Court vacated the order of the county court denying a motion to rescind and unwind a agreement entered into to settle Maronica B.'s personal injury claim against Davion Brewer and his automobile insurance…
Date: June 30, 2023
Citation: 314 Neb. 607
Docket Number: S-22-377
Justia Opinion Summary: The Supreme Court vacated the district court's judgment awarding attorney fees in this action brought over a dispute between a general contractor and a property owner related to a residential construction contract but…
Date: June 30, 2023
Citation: 314 Neb. 622
Docket Number: S-22-929
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Defendant's motion to withdraw his guilty pleas to criminal charges against him after he was sentenced but before the time to file a direct appeal had…
Date: June 23, 2023
Citation: 314 Neb. 565
Docket Number: S-22-543
Justia Opinion Summary: The Supreme Court reversed the judgment of the county court in favor of the decedent's brother in this estate case, holding that, under the circumstances of this case, the county court erred. Jordon R. Wiggins died,…
Date: June 23, 2023
Citation: 314 Neb. 580
Docket Number: S-22-653
Date: June 23, 2023
Citation: 314 Neb. 582
Docket Number: S-22-665 through S-22-667
Justia Opinion Summary: The Supreme Court affirmed the order of the Nebraska Tax Equalization and Review Commission (TERC) reversing three decisions made by the Lincoln County Board of Equalization upholding the assessed value of certain…
Date: June 16, 2023
Citation: 314 Neb. 494
Docket Number: S-22-443
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of second degree murder, unlawful discharge of a firearm, and two counts of use of a weapon to commit a felony, holding that there was no error in the trial judge's…
Date: June 16, 2023
Citation: 314 Neb. 509
Docket Number: S-22-488
Justia Opinion Summary: The Supreme Judicial Court reversed the decision of the district court granting a partial summary judgment construing a long-term written lease between Owner and Tenant and, after a trial, entering a judgment regarding…
Date: June 16, 2023
Citation: 314 Neb. 524
Docket Number: S-22-605
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court denying Appellant's petition for a writ of habeas corpus, holding that the district court had jurisdiction to determine the merits and correctly rejected the…
Date: June 16, 2023
Citation: 314 Neb. 544
Docket Number: S-23-096
Justia Opinion Summary: The Supreme Court affirmed the order of the district court overruling Defendant's motion to transfer his case to juvenile court, holding that the district court did not abuse its discretion in denying the…
Date: June 9, 2023
Citation: 314 Neb. 433
Docket Number: S-21-812
Justia Opinion Summary: The Supreme Court reversed the judgment of the court of appeals reversing the decision of the district court denying Appellant's motion for postconviction relief, holding that the court of appeals erred by granting…
Date: June 9, 2023
Citation: 314 Neb. 445
Docket Number: S-22-284
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court granting summary judgment in favor of a neighborhood association seeking to enforce a restrictive covenant, holding that the district court did not err in…
Date: June 9, 2023
Citation: 314 Neb. 463
Docket Number: S-22-332
Justia Opinion Summary: The Supreme Court affirmed the order of the district court overruling Defendant's motion for a new trial under Neb. Rev. Stat. 29-2101 to 29-2103 and his motion to withdraw his plea under the common-law procedure…
Date: June 9, 2023
Citation: 314 Neb. 475
Docket Number: S-22-652
Justia Opinion Summary: In this case brought under the Developmental Disabilities Court-Ordered Custody Act (DDCCA) the Supreme Court affirmed the judgment of the district court concluding that T.W. was a person in need of court-ordered…
Date: June 2, 2023
Citation: 314 Neb. 370
Docket Number: S-22-066
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court dismissing Appellant's motion to modify alimony for lack of subject matter jurisdiction, holding that the district court had jurisdiction to consider the…
Date: June 2, 2023
Citation: 314 Neb. 385
Docket Number: S-22-412
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction and sentence for first-degree murder and use of a deadly weapon to commit a felony, holding that the evidence at trial was sufficient to support Defendant's…
Date: June 2, 2023
Citation: 314 Neb. 406
Docket Number: S-22-480
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of driving under the influence causing serious bodily injury and his sentence to an eighteen-month term of imprisonment, eighteen months of post-release supervision, and…
Date: June 2, 2023
Citation: 314 Neb. 419
Docket Number: S-22-568
Justia Opinion Summary: The Supreme Court affirmed Defendant's resentencing for the eight felony crimes he committed when he was seventeen years old, holding that there was no merit to Defendant's arguments that the district court imposed an…
Date: May 26, 2023
Citation: 314 Neb. 325
Docket Number: S-22-102
Justia Opinion Summary: In this case brought against Defendant, the sheriff of Dawes County, for failing to receive a lawfully-committed prisoner into the county jail the Supreme Court affirmed the order of the district court affirming the…
Date: May 26, 2023
Citation: 314 Neb. 346
Docket Number: S-22-195
Date: May 26, 2023
Citation: 314 Neb. 358
Docket Number: S-22-534
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court entering a declaratory judgment and permanent injunction in favor of Adams Land & Cattle, LLC (ALCC), a commercial livestock company, in this dispute…
Date: May 19, 2023
Citation: 314 Neb. 282
Docket Number: S-21-1036
Justia Opinion Summary: The Supreme Court affirmed the conclusion of the court of appeals that the record refuted two of Appellant's claims of ineffective assistance of counsel for failure to object to improper evidence under Neb. Rev. Stat.…
Date: May 19, 2023
Citation: 314 Neb. 298
Docket Number: S-22-268
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court granting summary judgment to Defendant, an ophthalmologist, and dismissing Plaintiff's claim of professional negligence on statute of limitations grounds,…
Date: May 19, 2023
Citation: 314 Neb. 311
Docket Numbers: S-22-466, S-22-467
Justia Opinion Summary: The Supreme Court dismissed Defendant's appeal from his conviction and sentence, holding that Defendant's agreement to waive his right to appeal applied to and was enforceable against his claim of ineffective assistance…
Date: May 12, 2023
Citation: 314 Neb. 219
Docket Number: S-21-1006
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting summary judgment in favor of Plaintiffs' insurer and its agent in this negligence action brought by Plaintiffs seeking to recover damages after their…
Date: May 12, 2023
Citation: 314 Neb. 208
Docket Number: S-21-832
Date: May 12, 2023
Citation: 314 Neb. 263
Docket Number: S-22-557
Justia Opinion Summary: The Supreme Court vacated the permanent injunction against Defendants for cybersquatting, holding that Charter West Bank failed to produce evidence showing it was entitled to protection under the Anticybersquatting…
Date: May 5, 2023
Citation: 314 Neb. 140
Docket Number: S-21-873
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court in this medical malpractice action brought by Parents against the two doctors involving in the birth and emergency care of their infant son, holding that…
Date: May 5, 2023
Citation: 314 Neb. 167
Docket Number: S-22-308
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant for possession with intent to distribute marijuana and failure to affix a tax stamp, holding that Defendant was not entitled to relief on…
Date: May 5, 2023
Citation: 314 Neb. 197
Docket Numbers: S-22-469, S-22-470, S-22-471
Justia Opinion Summary: The Supreme Court dismissed these appeals involving a settlement regarding the distribution of the decedent's estate for lack of appellate jurisdiction, holding that the lower court's order was not final and…
Date: April 27, 2023
Citation: 314 Neb. 104
Docket Number: S-22-542
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Defendant's motion for postconviction relief without holding an evidentiary hearing, holding that the district court did not err in determining that…
Date: April 27, 2023
Citation: 314 Neb. 129
Docket Number: S-22-604
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing Plaintiff's malicious prosecution claim after finding that claim preclusion applied and that the complaint failed to state a claim, holding that…
Date: April 21, 2023
Citation: 314 Neb. 49
Docket Number: S-21-624
Justia Opinion Summary: The Supreme Court affirmed the district court's judgment in favor of Scheels All Sports, Inc. and dismissing Plaintiff's allegations that she tripped and fell due to a dangerous condition on the premises, holding that…
Date: April 21, 2023
Citation: 314 Neb. 91
Docket Number: S-22-653
Justia Opinion Summary: The Supreme Court affirmed the judgment of the juvenile court denying the motion to intervene filed by Red Lack Tribe of Chippewa Indians in this termination of parental rights matter, holding that there was no…
Date: April 14, 2023
Citation: 314 Neb. 1
Docket Number: S-22-447
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court granting summary judgment in favor of the Nebraska Department of Natural Resources and dismissing Plaintiffs' lawsuit alleging negligence and nuisance,…
Date: April 14, 2023
Citation: 314 Neb. 20
Docket Number: S-22-460
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction and sentence on one count of assault in the second degree and one count of negligent child abuse, holding that Defendant was not entitled to relief on her claims of…
Date: April 7, 2023
Citation: 313 Neb. 938
Docket Number: S-22-191
Justia Opinion Summary: The Supreme Court vacated the order of the district court certifying that a certain prior order was a final judgment as to defendants other than Appellant in this case, holding that the certification was an abuse of…
Date: April 7, 2023
Citation: 313 Neb. 957
Docket Number: S-22-248
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court affirming, with minor modifications, the judgment of the county court finding for Plaintiff on his first cause of action but against him on his second and…
Date: April 7, 2023
Citation: 313 Neb. 970
Docket Number: S-22-252
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court dismissing a petition filed by Stacy Ryan and her children (collectively, Stacy) challenging the validity of a 2015 will and codicil (2015 will) of Dr. Wayne…
Date: April 7, 2023
Citation: 313 Neb. 981
Docket Number: S-22-566
Justia Opinion Summary: The Supreme Court affirmed the order of the district court affirming the decision of the county court overruling Appellant's motion for absolute discharge pursuant to the speedy trial statutes, holding that there was no…
Date: March 31, 2023
Citation: 313 Neb. 902
Docket Number: S-22-026
Justia Opinion Summary: The Supreme Court dismissed this exception proceeding brought by the State following a trial in which Defendant was acquitted of use of a weapon to commit a felony and second-degree assault, holding that the issues…
Date: March 31, 2023
Citation: 313 Neb. 892
Docket Numbers: S-22-101, S-22-010
Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals affirming Defendant's plea-based convictions, holding that the court of appeals erred in concluding that the record as a whole demonstrated that his pleas…
Date: March 31, 2023
Citation: 313 Neb. 906
Docket Number: S-22-326
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court determining that social media posts directed toward local public figures from a public account of an officer of a local bank did not constitute misconduct in…
Date: March 24, 2023
Citation: 313 Neb. 853
Docket Number: S-22-164
Date: March 17, 2023
Citation: 313 Neb. 779
Docket Number: S-21-497
Justia Opinion Summary: The Supreme Court affirmed as modified the decision of the court of appeals applying the active appreciation rule to agricultural land in a marital property division, holding that the rule applies to such land. After…
Date: March 17, 2023
Citation: 313 Neb. 799
Docket Number: S-22-123
Justia Opinion Summary: The Supreme Court reversed the order of the district court terminating Mother's parental rights, holding that the record did not contain clear and convincing evidence that termination of Mother's parental rights was in…
Date: March 17, 2023
Citation: 313 Neb. 818
Docket Number: S-22-153
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court dismissing the underlying negligence complaint due to a lack of "solid evidence" as to the element of proximate cause, holding that Plaintiffs showed the…
Date: March 10, 2023
Citation: 313 Neb. 710
Docket Number: S-22-194
Justia Opinion Summary: The Supreme Court vacated the order of the district court establishing paternity of twin children in Apurba Chatterjee and ordering joint legal and physical custody of the children, holding that Apurba lacked standing to…
Date: March 10, 2023
Citation: 313 Neb. 726
Docket Number: S-22-225
Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions for possession of a controlled substance with intent to deliver and for possession of a controlled substance without a tax stamp, holding that Defendant was not entitled…
Date: March 10, 2023
Citation: 313 Neb. 745
Docket Number: S-22-416
Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court convicting Defendant, after a jury trial, of theft by deception, a Class IV, felony, and sentencing her to fourteen months' imprisonment, holding that Defendant…
Date: March 10, 2023
Citation: 313 Neb. 763
Docket Number: S-22-464
Justia Opinion Summary: The Supreme Court affirmed the judgment of the sentencing court calculating, in this case, jail credit under Neb. Rev. Stat. 47-503, holding that there was no error in the sentencing court's jail credit calculation. On…
Date: March 3, 2023
Citation: 313 Neb. 639
Docket Number: S-21-657
Justia Opinion Summary: The Supreme Court dismissed this appeal from a second opinion of the court of appeals reversing the judgment of the district court affirming the county court's monetary judgment in favor of Richard Muller in this fence…
Date: March 3, 2023
Citation: 313 Neb. 658
Docket Numbers: S-21-934, S-22-137
Justia Opinion Summary: The Supreme Court reversed in part and vacated in part the judgments of the district court in this action brought to levy execution against a condominium unit, holding that the district court erred by failing to sustain…
Date: March 3, 2023
Citation: 313 Neb. 668
Docket Number: S-22-025
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing, for lack of jurisdiction, this matter opposing the grant of a conditional use permit (CUP) to construct a commercial wind turbine, holding that…
Date: March 3, 2023
Citation: 313 Neb. 685
Docket Number: S-22-288
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting and sentencing Defendant for use of an electronic communication device to commit sexual assault and enticement, holding that the district court did…
Date: March 3, 2023
Citation: 313 Neb. 699
Docket Number: S-22-311
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court overruling Defendant's motion for a new trial following her conviction of possession of a controlled substance, holding that the district court did not abuse…
Date: February 24, 2023
Citation: 313 Neb. 587
Docket Number: S-20-871
Date: February 24, 2023
Citation: 313 Neb. 590
Docket Number: S-21-888
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing an action seeking to enjoin two members of a county board of commissioners from voting on an application for a conditional use permit (CUP),…
Date: February 24, 2023
Citation: 313 Neb. 607
Docket Number: S-22-247
Justia Opinion Summary: The Supreme Court dismissed this appeal from an order of the county court granting summary judgment in favor of the decedent's girlfriend, Lori Miller, in this dispute over the decedent's house, which comprised the…
Date: February 24, 2023
Citation: 313 Neb. 622
Docket Number: S-22-269
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting summary judgment in favor of Lancaster County in this case arising from a dispute between two counties over who should provide general assistance for…
Date: February 17, 2023
Citation: 313 Neb. 520
Docket Number: S-22-053
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant of intentional child abuse resulting in death and making terroristic threats, holding that Defendant was not entitled to relief on his…
Date: February 17, 2023
Citation: 313 Neb. 538
Docket Number: S-22-075
Justia Opinion Summary: The Supreme Court affirmed as modified the order of the district court dismissing the amended complaint in this case with prejudice and imposing sanctions against Plaintiffs, holding that to the extent the order…
Date: February 17, 2023
Citation: 313 Neb. 559
Docket Number: S-22-207
Justia Opinion Summary: The Supreme Court reversed the judgment of the compensation court concluding that a claimant who sustains injuries along the same extremity sustains an injury to a single member for workers' compensation purposes,…
Date: February 17, 2023
Citation: 313 Neb. 573
Docket Number: S-22-498
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court continuing an ex parte sexual assault protection order, holding that the sexual assault protection order was properly continued. Amanda F. was granted an ex…
Date: February 10, 2023
Citation: 313 Neb. 435
Docket Number: S-21-484
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant of attempted incest and intentional child abuse resulting in death, holding that Defendant was not entitled to relief on his allegations…
Date: February 10, 2023
Citation: 313 Neb. 464
Docket Number: S-22-082
Justia Opinion Summary: In this criminal case, the Supreme Court affirmed the judgment of the district court denying Defendant's motion for absolute discharge upon determining that a forty-two-day continuance granted at the State's request was…
Date: February 10, 2023
Citation: 313 Neb. 479
Docket Number: S-22-147
Justia Opinion Summary: The Supreme Court reversed the order of the district court entering summary judgment in favor of Avis Rent A Car System, Inc. and against Roynetta McDavid in this lawsuit alleging that McDavid breached the idemnification…
Date: February 10, 2023
Citation: 313 Neb. 491
Docket Number: S-22-398
Justia Opinion Summary: The Supreme Court affirmed the judgment of the county court finding that it was not in the best interest of the minor child at issue in this case to grant a petition to adopt the child (Child), whose parents died as the…
Date: February 3, 2023
Citation: 313 Neb. 397
Docket Number: S-21-1026
Justia Opinion Summary: The Supreme Court affirmed the order of the district court granting summary judgment in favor of Defendant, Millard Public Schools, and dismissing Plaintiff's action brought under the Nebraska Wage Payment and Collection…
Date: February 3, 2023
Citation: 313 Neb. 409
Docket Number: S-22-235
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court calculating the fair value of certain shares following the Supreme Court's remand in an earlier appeal and setting forth a payment plan, holding that there…
Date: February 3, 2023
Citation: 313 Neb. 417
Docket Number: S-22-436
Justia Opinion Summary: The Supreme Court affirmed as modified the decision of the district court continuing a harassment protection against Justina R. in favor of Diedra T. and Diedra's two minor children, holding that the order must be…
Date: January 27, 2023
Citation: 313 Neb. 302
Docket Numbers: S-21-807, S-21-808
Justia Opinion Summary: The Supreme Court affirmed the judgments of the district court relying on the single publication rule to determine when the underlying defamation claim accrued, holding that the district court properly applied the single…
Date: January 27, 2023
Citation: 313 Neb. 337
Docket Number: S-21-930
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing this complaint brought by Plaintiff, an inmate in the Nebraska Department of Correctional Services system, against the Department and several of…
Date: January 27, 2023
Citation: 313 Neb. 358
Docket Number: S-22-196
Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions for first degree murder and use of a deadly weapon to commit a felony, holding that the evidence was sufficient to support the convictions and that Defendant's counsel…
Date: January 27, 2023
Citation: 313 Neb. 378
Docket Number: S-22-199
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court to enter an abuse protection order against Jamie P. in favor of her father, William P., following a hearing at which Jamie did not appear, holding that there…
Date: January 27, 2023
Citation: 313 Neb. 385
Docket Number: S-22-425
Justia Opinion Summary: The Supreme Court dismissed this purported appeal brought by K.C. after the district court ordered an evaluation of K.C. and preparation of a plan pursuant to the Development Disabilities Court-Ordered Custody Act…
Date: January 20, 2023
Citation: 313 Neb. 259
Docket Number: S-22-119
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying the petition and application filed by the State of Nebraska, Department of Health and Human Services (DHHS) to vacate an arbitration award resulting…
Date: January 20, 2023
Citation: 313 Neb. 281
Docket Number: S-22-128
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court finding that a material change in circumstances had occurred sufficient to warrant modification of Appellee's alimony obligation, holding that there was no…
Date: January 20, 2023
Citation: 313 Neb. 293
Docket Number: S-22-266
Justia Opinion Summary: The Supreme Court affirmed, as modified the post-release supervision order of the district court adding to the conditions of Appellant's post-release supervision before his release from the Department of Correctional…
Date: January 13, 2023
Citation: 313 Neb. 218
Docket Number: S-21-959
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting a summary judgment rejecting Plaintiffs' negligence claim against a university, holding that the district court did not err in granting summary…
Date: January 13, 2023
Citation: 313 Neb. 237
Docket Number: S-21-972
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting Defendant's motion for a directed verdict against Plaintiffs on their claims for negligence, holding that the district court did not err in granting…
Date: January 13, 2023
Citation: 313 Neb. 251
Docket Number: S-22-133
Justia Opinion Summary: The Supreme Court affirmed the order of the district court that affirmed the decision of the Nebraska State Personnel Board upholding the termination of Scott Mollring's employment as a teacher for the Nebraska…
Date: January 6, 2023
Citation: 313 Neb. 173
Docket Number: S-21-1030
Justia Opinion Summary: The Supreme Court affirmed as modified the judgment of the district court dismissing this lawsuit brought by Cheryl Mueller to halt the pursuit of a setoff against the share of the estate of Lorine Mueller that would…
Date: January 6, 2023
Citation: 313 Neb. 135
Docket Number: S-21-556
Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the judgment of the district court dismissing certain defendants for lack of personal jurisdiction, holding that the defendants' contacts were too…
Date: January 6, 2023
Citation: 313 Neb. 153
Docket Number: S-21-656
Justia Opinion Summary: The Supreme Court affirmed Defendant's nineteen convictions for first degree sexual assault, incest, and intentional abuse of a vulnerable adult, holding that Defendant was not entitled to relief on his claims of…
Date: January 6, 2023
Citation: 313 Neb. 187
Docket Number: S-22-017
Justia Opinion Summary: The Supreme Court affirmed the order of the district court finding that this action brought by Plaintiff against Janice German and Dawes County Abstract & Title, Inc. (collectively, German) arising from title abstracting…
Date: January 6, 2023
Citation: 313 Neb. 202
Docket Number: S-22-346
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court overruling Defendant's motion to dismiss the criminal case against him for lack of jurisdiction pursuant to the intrastate detainer statutes, holding that the…
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