Nebraska Supreme Court Decisions 2019

Diamond v. State
Date: April 19, 2019
Citation: 302 Neb. 892
Docket Number: S-17-1107
Leners v. Leners
Date: April 19, 2019
Citation: 302 Neb. 904
Docket Number: S-18-072
State v. Fuentes
Date: April 19, 2019
Citation: 302 Neb. 919
Docket Number: S-18-122
State v. Mrza
Date: April 19, 2019
Citation: 302 Neb. 931
Docket Number: S-18-372
In re Maint. Fund Trust of Sunset Mem. Park Chapel
Date: April 19, 2019
Citation: 302 Neb. 954
Docket Number: S-18-517
State v. Gibson  
Date: April 12, 2019
Citation: 302 Neb. 833
Docket Number: S-17-1272

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals reversing the district court's imposition of a sentence of five years' probate with 180 days of jail time as a condition of probation for Defendant's convic...

Bower-Hansen v. Nebraska Department of Health & Human Services  
Date: April 12, 2019
Citation: 302 Neb. 847
Docket Number: S-17-1278

Justia Opinion Summary: The Supreme Court affirmed the district court's decision affirming the decision of the State Personnel Board dismissing Appellant's grievance challenging her termination as a teacher at the Youth Rehabilitation and Treat...

Bayne v. Bayne  
Date: April 12, 2019
Citation: 302 Neb. 858
Docket Number: S-18-382

Justia Opinion Summary: In this declaratory judgment action in which ex-husband (Husband) sought a declaration that he was entitled to one-half of the proceeds of a home awarded to the ex-wife (Wife) in the divorce decree and sold two years lat...

Glasson v. Board of Equalization of City of Omaha  
Date: April 12, 2019
Citation: 302 Neb. 869
Docket Numbers: S-18-472, S-18-474

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court finding that it lacked jurisdiction over the assessment decision of the Board of Equalization of the City of Omaha exercising a quasi-judicial function as a r...

In re Interest of Reality W.  
Date: April 12, 2019
Citation: 302 Neb. 878
Docket Number: S-18-629

Justia Opinion Summary: The Supreme Court affirmed the order of the separate juvenile court adjudicating Reality W. as being habitually truant from school, holding that the statutory defenses to adjudication under Neb. Rev. Stat. 79-209(2)(b) a...

Vasquez v. CHI Properties, LLC  
Date: April 5, 2019
Citation: 302 Neb. 742
Docket Number: S-17-1287

Justia Opinion Summary: The Supreme Court affirmed the district court's order dismissing Tenants' first cause of action against Landlord under the Uniform Residential Landlord and Tenant Act (URLTA) but reversed as to Tenants' second, third, an...

Ronald J. Palagi, P.C. v. Prospect Funding Holdings  
Date: April 5, 2019
Citation: 302 Neb. 769
Docket Number: S-18-193

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court granting Prospect Funding Holdings, LLC's (Prospect) motions to confirm arbitration awards and for summary judgment in this interpleader action, holding that...

Eric H. v. Ashley H.  
Date: April 5, 2019
Citation: 302 Neb. 786
Docket Number: S-18-253

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the district court's denial of Father's motion to modify custody of a minor child after the child reported that her stepfather was sexually abusing her, holding tha...

State v. Mann  
Date: April 5, 2019
Citation: 302 Neb. 804
Docket Number: S-18-333

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court convicting Defendant of possession of a stolen firearm, holding that the "intent to restore" clause of Neb. Rev. Stat. 28-1212.03 is an essential element of t...

In re Estate of Ryan  
Date: April 5, 2019
Citation: 302 Neb. 821
Docket Number: S-18-799

Justia Opinion Summary: The Supreme Court affirmed in part and reversed and remanded in part the probate court's dismissal of a golf course partnership's claim based upon an unfulfilled pledge agreement in a decedent's probate proceeding, holdi...

In re Interest of Michael N.  
Date: March 29, 2019
Citation: 302 Neb. 652
Docket Number: S-18-335

Justia Opinion Summary: In these appeals arising from juvenile proceedings involving Michael N. and his parents (Parents), the Supreme Court affirmed in part and reversed in part, holding that this Court lacked jurisdiction to consider the issu...

State v. Paez  
Date: March 29, 2019
Citation: 302 Neb. 676
Docket Number: S-18-412

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court convicting Defendant of enticement by electronic communication, in violation of Neb. Rev. Stat. 28-833, and allowed the parties' stipulation to remand because...

State v. Phillips  
Date: March 29, 2019
Citation: 302 Neb. 686
Docket Number: S-18-590

Justia Opinion Summary: The Supreme Court affirmed Defendant's sentence imposed as a result of his revocation from post-release supervision, holding that the term of imprisonment imposed by the court was within the statutory range and was not a...

State v. Stubbendieck  
Date: March 29, 2019
Citation: 302 Neb. 702
Docket Number: S-18-600

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of the crime of assisting suicide, holding that there was sufficient evidence to support the conviction and that the district court did not err in its evidentiary rulings...

Becher v. Becher  
Date: March 29, 2019
Citation: 302 Neb. 720
Docket Number: S-18-608

Justia Opinion Summary: The Supreme Court vacated the order of the district court granting Father's motion seeking to establish parenting time and telephone communication with one of the parties' children, holding that the district court lacked...

State v. Chairez  
Date: March 29, 2019
Citation: 302 Neb. 731
Docket Number: S-18-646

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court imposing an aggregate sentence of forty-two to fifty-five years in prison in connection with Defendant's no contest pleas to possession of a firearm by a proh...

Ecker v. E & A Consulting Group, Inc.  
Date: March 22, 2019
Citation: 302 Neb. 578
Docket Number: S-17-1190

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting summary judgment in favor of Defendants - E&A Consulting Group (E&A), Sanitary Improvement District No. 237 (SID No. 237), and the City of La Vista (...

Salem Grain Co. v. City of Falls City  
Date: March 22, 2019
Citation: 302 Neb. 548
Docket Number: S-17-277

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing Plaintiffs’ claims seeking a declaratory judgment that a redevelopment project in the City of Falls City was not planned or adopted in accordance w...

Moore v. Moore  
Date: March 22, 2019
Citation: 302 Neb. 588
Docket Number: S-18-273

Justia Opinion Summary: In these post-divorce proceedings, the Supreme Court affirmed the district court’s order as modified and vacated the awards of $2,500 in expert witness fees and $117 in overnight camp expenses and modified the order awar...

State ex rel. Peterson v. Creative Community Promotions, LLC  
Date: March 22, 2019
Citation: 302 Neb. 606
Docket Number: S-18-321

Justia Opinion Summary: The Supreme Court affirmed in part the district court's denial of Defendants’ request for attorney fees and dismissed in part Defendants’ appeal from orders vacating summary judgment in favor of Defendants and overruling...

Martinez v. CMR Construction & Roofing of Texas, LLC  
Date: March 22, 2019
Citation: 302 Neb. 618
Docket Number: S-18-419

Justia Opinion Summary: The Supreme Court affirmed the rulings of the Nebraska Workers’ Compensation Court determining what constitutes the term “employer” under Neb. Rev. Stat. 48-116 of the Nebraska Workers’ Compensation Act, in imposing liab...

Rice v. Poppe  
Date: March 22, 2019
Citation: 302 Neb. 643
Docket Number: S-18-701

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court in favor of Terrance Poppe in this legal malpractice action, holding that there was no merit to this appeal. Poppe represented Brenda Rice from Dale Rice. Th...

State v. Savage - supplemental opinion
Date: March 15, 2019
Citation: 302 Neb. 492
Docket Number: S-17-1166
Burke v. Board of Trustees of Nebraska State Colleges  
Date: March 15, 2019
Citation: 302 Neb. 494
Docket Number: S-17-1167

Justia Opinion Summary: The Supreme Court vacated the judgment of the district court dismissing Plaintiff’s declaratory judgment action alleging that she had not been notified that her employment contract would not be renewed within the timefra...

Meyer Natural Foods v. Greater Omaha Packing Co.  
Date: March 15, 2019
Citation: 302 Neb. 509
Docket Number: S-18-108

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court granting summary judgment in favor of Greater Omaha Packing Company, Inc. (GOP) as to Meyer Natural Foods LLC’s breach of contract action following a purporte...

State v. Martinez  
Date: March 15, 2019
Citation: 302 Neb. 526
Docket Number: S-18-618

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court denying without an evidentiary hearing Appellant’s motion for postconviction relief, holding that the district court did not err in denying postconviction rel...

Brown v. Jacobsen Land & Cattle Co.  
Date: March 15, 2019
Citation: 302 Neb. 538
Docket Number: S-18-803

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court quieting title to certain land in Terry and Linda Brown after finding that the Browns established their entitlement to the disputed land by adverse possession...

State v. Garcia  
Date: March 8, 2019
Citation: 302 Neb. 406
Docket Number: S-17-1202

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction and sentence for robbery, holding that none of Defendant’s argument on appeal warranted reversal of his conviction. Specifically, the Court held (1) the district court d...

Chase County v. City of Imperial  
Date: March 8, 2019
Citation: 302 Neb. 395
Docket Number: S-17-813

Justia Opinion Summary: In this action for declaratory judgment the Supreme Court reversed the judgment of the court of appeals reversing the decision of the district court finding that the City of Imperial, Nebraska was financially responsible...

Patterson v. Metropolitan Utilities District  
Date: March 8, 2019
Citation: 302 Neb. 442
Docket Number: S-18-158

Justia Opinion Summary: The Supreme Court affirmed the district court’s order dismissing Appellant’s claim against Metropolitan Utilities District (MUD) with prejudice, holding that the district court correctly determined that Appellant’s claim...

Larsen v. 401 Main Street, Inc.  
Date: March 8, 2019
Citation: 302 Neb. 454
Docket Number: S-18-168

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting summary judgment in favor of the owners of the Quart House Pub and its premises (collectively, Quart House) in this negligence action brought by Lee...

Randy S. v. Nicolette G.  
Date: March 8, 2019
Citation: 302 Neb. 465
Docket Number: S-18-407

Justia Opinion Summary: In these paternity proceedings, the Supreme Court affirmed the judgment of the district court that awarded sole legal and physical custody of the parties’ child to Father, holding that there was no reversible error in th...

State ex rel. Walter E. v. Mark E.  
Date: March 8, 2019
Citation: 302 Neb. 483
Docket Number: S-18-436

Justia Opinion Summary: The Supreme Court affirmed the order of the district court dismissing the State’s complaint filed against Walter E.’s father, Mark E., to establish an order of support, holding that the district court lacked subject matt...

State v. Hibler  
Date: March 1, 2019
Citation: 302 Neb. 325
Docket Number: S-18-005

Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions and sentences for first degree sexual assault of a child, incest with a person under eighteen years of age, and third degree sexual assault of a child, holding that Defe...

In re Estate of Helms  
Date: March 1, 2019
Citation: 302 Neb. 357
Docket Number: S-18-283

Justia Opinion Summary: The Supreme Court affirmed the county court’s entry of summary judgment declaring that the proceeds of the Estate of Mark Anthony Helms be distributed pursuant to a prior federal court judgment applying North Carolina la...

In re Interest of Maximus B.  
Date: March 1, 2019
Citation: 302 Neb. 365
Docket Number: S-18-410

Justia Opinion Summary: The Supreme Court dismissed for lack of jurisdiction this appeal brought by the State appealing the order of the separate juvenile court of Douglas County, which vacated its previous order of adjudication and set the mat...

State v. Jerke  
Date: March 1, 2019
Citation: 302 Neb. 372
Docket Number: S-18-426

Justia Opinion Summary: The Supreme Court reversed the order of the district court granting Defendant’s motion to vacate his sentence and withdraw the plea pursuant to the common-law procedure recognized in State v. Gonzalez, 830 N.W.2d 504 (20...

Smith v. Wedekind  
Date: March 1, 2019
Citation: 302 Neb. 387
Docket Number: S-18-516

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying, without a hearing, Plaintiff’s application to proceed in forma pauperis, holding that the district court’s action was authorized by Neb. Rev. Stat. 2...

Pinnacle Enterprises, Inc. v. City of Papillion  
Date: February 22, 2019
Citation: 302 Neb. 297
Docket Number: S-18-365

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court dismissing Appellant’s appeal from a condemnation of Appellant’s land by the City of Papillion, Nebraska for lack of jurisdiction but affirmed the district co...

State v. Wal  
Date: February 22, 2019
Citation: 302 Neb. 308
Docket Number: S-18-446

Justia Opinion Summary: The Supreme Court affirmed the district court’s imposition of an eight-month jail term upon revoking Defendant’s post-release supervision, holding that the district court’s order imposing a term of eight months’ imprison...

Brinkman v. Brinkman  
Date: February 22, 2019
Citation: 302 Neb. 315
Docket Number: S-18-476

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court construing the will at issue in this case and granting the decedent’s estate’s motion for summary judgment, holding that the county court had jurisdictional p...

U.S. Specialty Ins. Co. v. D S Avionics - supplemental opinion
Date: February 15, 2019
Citation: 302 Neb. 283
Docket Number: S-17-1101
State v. Shiffermiller  
Date: February 15, 2019
Citation: 302 Neb. 245
Docket Number: S-17-675

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the decision of the district court convicting Defendant of three counts of possession of a controlled substance and one count of possession of a d...

St. John v. Gering Public Schools  
Date: February 15, 2019
Citation: 302 Neb. 269
Docket Number: S-17-898

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals affirming the Workers’ Compensation Court in this attorney fee dispute between discharged lawyers and the lawyer who represented the client through a settle...

State v. Spang  
Date: February 15, 2019
Citation: 302 Neb. 285
Docket Numbers: S-18-450, S-18-451

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court convicting Defendant of driving under the influence, fifth offense, and aggravated driving under the influence (DUI), fifth offense, holding that Defendant’s...

State ex rel. Counsel for Dis. v. Jorgenson
Date: February 8, 2019
Citation: 302 Neb. 188
Docket Number: S-17-1028
State v. Huston  
Date: February 8, 2019
Citation: 302 Neb. 202
Docket Number: S-18-145

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court denying Appellant’s motion for postconviction relief, holding that there was no merit to Appellant’s claims that his counsel provided ineffective assistance b...

Marie v. State  
Date: February 8, 2019
Citation: 302 Neb. 217
Docket Number: S-18-488

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court dismissing Appellant’s petition seeking damages under the Nebraska Claims for Wrongful Conviction and Imprisonment Act, holding that Appellant insufficiently...

In re Interest of Kamille C.  
Date: February 8, 2019
Citation: 302 Neb. 226
Docket Number: S-18-651

Justia Opinion Summary: The Supreme Court dismissed this appeal involving a “bridge order” entered after the adjudication of five children under Neb. Rev. Stat. 43-247(3)(a), who had been in Mother’s sole legal and physical custody, giving Fath...

State v. Smith  
Date: February 1, 2019
Citation: 302 Neb. 154
Docket Number: S-18-178

Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions and sentences for first degree sexual assault of a child and felony child abuse, holding that the trial court did not violate Defendant’s constitutional right of confron...

State v. Thalmann  
Date: January 25, 2019
Citation: 302 Neb. 110
Docket Number: S-18-111

Justia Opinion Summary: The Supreme Court dismissed Appellant’s appeal from the district court’s imposition of a fifteen-day custodial sanction after testing positive for drug and alcohol while serving a sentence of probation, holding that the...

Smith v. Meyring Cattle Co., LLC  
Date: January 25, 2019
Citation: 302 Neb. 116
Docket Number: S-18-184

Justia Opinion Summary: The Supreme Court affirmed the district court’s order granting a directed verdict in favor of Defendant on Plaintiff’s statutory strict liability claim under Neb. Rev. Stat. 54-601(1), holding that allegations that a ran...

In re Grand Jury of Douglas County  
Date: January 25, 2019
Citation: 302 Neb. 128
Docket Number: S-18-328

Justia Opinion Summary: The Supreme Court dismissed the State’s appeal from the district court’s order overruling the State’s motion to seal the grand jury documents in this case, holding that the order was not a final, appealable order. After...

Sandoval v. Ricketts  
Date: January 25, 2019
Citation: 302 Neb. 138
Docket Number: S-18-390

Justia Opinion Summary: The Supreme Court affirmed the order of the district court dismissing eight inmates' declaratory judgment action for failure to state a claim, holding that the inmates had other equally serviceable remedies available. P...

Bryson L. v. Izabella L.  
Date: January 25, 2019
Citation: 302 Neb. 145
Docket Number: S-18-459

Justia Opinion Summary: The Supreme Court dismissed the appeal from the denial of two motions filed by Appellant in this marital dissolution case, holding that this Court lacked jurisdiction of this appeal. After a marital dissolution decree...

State v. Brown  
Date: January 18, 2019
Citation: 302 Neb. 53
Docket Number: S-17-1039

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction of second-degree degree murder and other offenses, holding that the district court did not err in denying Defendant’s motion to suppress and that Defendant’s other assign...

State v. Mueller - supplemental opinion
Date: January 18, 2019
Citation: 302 Neb. 51
Docket Number: S-17-387
Thompson v. Millard Public School District No. 17  
Date: January 18, 2019
Citation: 302 Neb. 70
Docket Number: S-18-140

Justia Opinion Summary: The Supreme Court vacated in part the judgment of the district court overruling Plaintiff’s motion to recuse and granting summary judgment to Defendants on all of Plaintiff’s remaining claims, holding that the judge shou...

Leon V. v. Nebraska Department of Health & Human Services  
Date: January 18, 2019
Citation: 302 Neb. 81
Docket Number: S-18-197

Justia Opinion Summary: The Supreme Court reversed the order of the district court on remand in this case involving a claimant’s eligibility for Medicaid funding, holding that the district court erred in its instructions on remand. The Nebrask...

Pitts v. Genie Industries, Inc.  
Date: January 18, 2019
Citation: 302 Neb. 88
Docket Number: S-18-219

Justia Opinion Summary: In this case stemming from an electrician’s injuries after an aerial lift malfunctioned the Supreme Court affirmed the district court’s partial grant of Defendant’s motion to exclude expert testimony and grant of Defenda...

Simms v. Friel  
Date: January 11, 2019
Citation: 302 Neb. 1
Docket Number: S-17-054

Justia Opinion Summary: The Supreme Court affirmed the court of appeals’ dismissal of Appellant’s appeal of a district court order granting temporary visitation of Appellant’s minor children to the children’s maternal grandmother, holding that...

Prokop v. Lower Loup Natural Resources District  
Date: January 11, 2019
Citation: 302 Neb. 10
Docket Number: S-18-082

Justia Opinion Summary: The Supreme Court affirmed the district court’s order affirming the findings and modifying a cease and desist order of the Lower Loup Natural Resources District (LLNRD) Board directing Appellant to suspend use of ground...

Hassan v. Trident Seafoods  
Date: January 11, 2019
Citation: 302 Neb. 44
Docket Number: S-18-255

Justia Opinion Summary: The Supreme Court affirmed the determination of the Nebraska Workers’ Compensation Court that it lacked jurisdiction over Appellant’s petition and dismissing his claim, holding that the compensation court correctly dismi...

State v. Sundquist  
Date: January 4, 2019
Citation: 301 Neb. 1006
Docket Number: S-17-1297

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court affirming the county court's judgment convicting Defendant of driving under the influence, second offense aggravated, and sentencing him to eighteen months’ p...

State v. Ralios  
Date: January 4, 2019
Citation: 301 Neb. 1027
Docket Number: S-18-126

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court affirming Defendant’s sentence, imposed by the county court, to seventy-five days in jail in connection with Defendant’s plea of guilty to operating a motor v...

Rouse v. State  
Date: January 4, 2019
Citation: 301 Neb. 1037
Docket Number: S-18-129

Justia Opinion Summary: The Supreme Court affirmed the order of the district court granting Defendants’ motions to dismiss Plaintiff’s claim under the State Tort Claims Act (STCA), holding that the district court did not err in dismissing Plain...

Francisco v. Gonzalez  
Date: January 4, 2019
Citation: 301 Neb. 1045
Docket Number: S-18-329

Justia Opinion Summary: The Supreme Court vacated the orders of the district court making paternity and custody determinations concerning one child but declining to do so with respect to the other child at issue in this case, holding that Mothe...

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