Nebraska Supreme Court Decisions 2020

Egan v. County of Lancaster  
Date: December 31, 2020
Citation: 308 Neb. 48
Docket Number: S-19-1048

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court finding that E. Jane Egan lacked standing to challenge the Lancaster County Board of Commissioners' issuance of a special use permit allowing Randy Essink to...

Grothen v. Grothen  
Date: December 31, 2020
Citation: 308 Neb. 28
Docket Number: S-19-472

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the district court's order denying Timothy Grothen's application for modification of his alimony obligation in the decree dissolving his marriage...

Dolezal-Soukup v. Dodge County Board of Adjustment  
Date: December 31, 2020
Citation: 308 Neb. 63
Docket Number: S-20-295

Justia Opinion Summary: The Supreme Court affirmed the order of the district court approving the Dodge County Board of Adjustment's grant of variance for a 4-H pigpen built in violation of county setback requirements, holding that competent evi...

Harts v. County of Knox  
Date: December 18, 2020
Citation: 308 Neb. 1
Docket Number: S-20-014

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court reversing and vacating the decision of the County of Knox board of supervisors approving a conditional use permit for an expansion of H&H Cattle's feedlot to...

Carroll v. Gould  
Date: December 18, 2020
Citation: 308 Neb. 12
Docket Number: S-20-264

Justia Opinion Summary: The Supreme Court reversed the order of the district court denying Grandfather's intervention, as a person standing in loco parentis, in a custody proceeding brought by Mother against Father, holding that the district co...

Windham v. Kroll  
Date: December 11, 2020
Citation: 307 Neb. 947
Docket Number: S-20-095

Justia Opinion Summary: The Supreme Court affirmed the order of the district court modifying several provisions of a judgment establishing custody, visitation, and support of minor children based on the common-law doctrine of in loco parentis,...

State v. Clausen  
Date: December 11, 2020
Citation: 307 Neb. 968
Docket Number: S-20-109

Justia Opinion Summary: The Supreme Court affirmed Defendant's sentences imposed pursuant to jury convictions related to a prison escape, holding that Defendant's claims lacked merit. After a jury trial, Defendant was convicted of escape, thef...

Fuelberth v. Heartland Heating & Air Conditioning  
Date: December 11, 2020
Citation: 307 Neb. 1002
Docket Number: S-20-178

Justia Opinion Summary: The Supreme Court reversed the decision of the district court entering summary judgment in favor of Heartland Heating & Air Conditions, Inc. on the claims brought by Troy and Julie Fuelberth alleging that Heartland's wor...

State v. Blocher  
Date: December 4, 2020
Citation: 307 Neb. 874
Docket Number: S-19-1076

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court denying Defendant's motion for discharge, holding that the time Defendant spent incarcerated in Douglas County was properly attributable to Defendant for purp...

Weiland v. Weiland  
Date: December 4, 2020
Citation: 307 Neb. 882
Docket Number: S-20-034

Justia Opinion Summary: In this divorce action, the Supreme Court affirmed in part and reversed in part the judgment of the district court ordering Timothy Weiland to pay Ann Weiland a fixed award of $465 per month for military pension benefits...

In re Estate of Marsh  
Date: December 4, 2020
Citation: 307 Neb. 893
Docket Number: S-20-102

Justia Opinion Summary: In this proceeding brought by the daughters of Gale Marsh to determine the amount of inheritance tax due, the Supreme Court affirmed the county court's determination of the ownership interest of Marsh's revocable trust i...

Jaeger v. Jaeger  
Date: December 4, 2020
Citation: 307 Neb. 910
Docket Number: S-20-122

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court transferring sole legal and physical custody over C.J. to Duke Jaeger, subject to Stacey Jaeger's parenting time, holding that the district court did not abus...

Parks v. Hy-Vee, Inc.  
Date: December 4, 2020
Citation: 307 Neb. 927
Docket Number: S-20-195

Justia Opinion Summary: In this workers' compensation case, the Supreme Court affirmed the order of the compensation court granting Donna Parks compensation for chronic pain and aggravation of her mental health issues, both caused by a work-rel...

In re Interest of A.A.  
Date: November 20, 2020
Citation: 307 Neb. 817
Docket Numbers: S-20-009, S-20-244

Justia Opinion Summary: In case No. S-20-009, the Supreme Court reversed the order of the juvenile court denying Father's motion for placement, and in case No. S-20-244, affirmed the order of adjudication of the child over Father's objection, h...

In re Interest of Seth C.  
Date: November 20, 2020
Citation: 307 Neb. 862
Docket Number: S-20-026

Justia Opinion Summary: The Supreme Court affirmed the order of restitution entered by the separate juvenile court after Juvenile admitted to an amended allegation of disturbing the peace and quiet of another person, holding that the juvenile c...

TDP Phase One, LLC v. Club at the Yard, LLC  
Date: November 13, 2020
Citation: 307 Neb. 795
Docket Number: S-19-1198

Justia Opinion Summary: The Supreme Court dismissed Tenant's appeal from an order of summary judgment in favor of Landlord on Landlord's claim seeking restitution of the premises pursuant to the forcible entry and detainer (FED) statutes, Neb....

Higgins v. Currier  
Date: November 13, 2020
Citation: 307 Neb. 748
Docket Number: S-19-343

Justia Opinion Summary: In this marital dissolution action, the Supreme Court reversed the judgment of the court of appeals to the extent it affirmed the district court's disposition of Husband's 401K accounts, holding that the court of appeals...

State v. Cox  
Date: November 13, 2020
Citation: 307 Neb. 762
Docket Number: S-19-780

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of first degree murder, use of a deadly weapon to commit a felony, and possession of a deadly weapon by a prohibited person, holding that the district court did not err i...

State v. Stack  
Date: November 13, 2020
Citation: 307 Neb. 773
Docket Number: S-19-833

Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions and sentences for second degree murder and use of a deadly weapon to commit a felony, holding that there was no merit to the errors assigned and argued by Defendant. Sp...

State v. Jones  
Date: November 13, 2020
Citation: 307 Neb. 809
Docket Number: S-20-184

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court summarily denying Defendant's motion to vacate or modify seeking reinstatement of his appeal a postconviction ruling, holding that the district court erred wh...

Benjamin M. v. Jeri S.  
Date: November 6, 2020
Citation: 307 Neb. 733
Docket Number: S-19-1144

Justia Opinion Summary: The Supreme Court reversed the order of the district court dismissing Benjamin M.'s amended complaint seeking to establish custody, support, and parenting time, holding that the district court erred in failing to give pr...

State v. Teppert  
Date: November 6, 2020
Citation: 307 Neb. 695
Docket Number: S-19-688

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction for driving under the influence (DUI), fourth offense, holding that the district court did not err by receiving evidence of a prior conviction offered by the State in sup...

State v. Senteney  
Date: November 6, 2020
Citation: 307 Neb. 702
Docket Number: S-19-690

Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions and sentences for two counts of third degree sexual assault of a child, one count of attempted incest, and one count of attempted first degree sexual assault, holding th...

Douglas County School District No. 10 v. Tribedo, LLC  
Date: November 6, 2020
Citation: 307 Neb. 716
Docket Number: S-19-986

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court finding compensation totaling $4,625,967 for Elkhorn School District's taking of forty-three acres of Tribedo, LLC's property, holding that the district court...

State v. Andera  
Date: October 30, 2020
Citation: 307 Neb. 686
Docket Number: S-19-1205

Justia Opinion Summary: The Supreme Court affirmed Defendant's drug possession conviction, holding that the district court did not err in overruling Defendant's motion to suppress. Defendant was a passenger in a vehicle that was stopped for n...

Dick v. Koski Professional Group, P.C.  
Date: October 30, 2020
Citation: 307 Neb. 599
Docket Number: S-19-132

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court granting judgment in favor of an accountant and his new firm on his claims against his former firm, holding that the judgment was not in error. After Plainti...

In re Interest of Leyton C.  
Date: October 23, 2020
Citation: 307 Neb. 529
Docket Number: S-19-423

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals reversing the judgment of the juvenile court terminating Mother's parental rights to her two children, holding that clear and convincing evidence supported...

State ex. rel. Malone v. Baldonado-Bellamy  
Date: October 23, 2020
Citation: 307 Neb. 549
Docket Number: S-19-856

Justia Opinion Summary: The Supreme Court dismissed this appeal from an order of the district court declining to issue a writ of mandamus in order for Appellant to obtain an audio recording of his criminal trial, holding that the district court...

Kaiser v. Allstate Indemnity Co.  
Date: October 23, 2020
Citation: 307 Neb. 562
Docket Number: S-19-858

Justia Opinion Summary: In this insurance dispute, the Supreme Court affirmed the decision of the district court granting summary judgment for Allstate Indemnity Company, holding that property loss from Plaintiffs' tenants' producing or using m...

State v. Collins  
Date: October 23, 2020
Citation: 307 Neb. 581
Docket Number: S-19-959

Justia Opinion Summary: The Supreme Court affirmed the order of the district court affirming Defendant's convictions and sentences for operating a motor vehicle to avoid arrest and obstructing a police officer, holding that the district court d...

State v. Connelly  
Date: October 16, 2020
Citation: 307 Neb. 495
Docket Number: S-19-1139

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Appellant's motion to suppress statements he made to law enforcement in an alleged violation of his Miranda rights, holding that the district court co...

Cinatl v. Prososki  
Date: October 16, 2020
Citation: 307 Neb. 477
Docket Number: S-19-972

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court confirming an arbitrator's award, holding that the court properly affirmed the award. Plaintiff brought this action against Defendant seeking rescission of a...

Chaney v. Evnen  
Date: October 16, 2020
Citation: 307 Neb. 512
Docket Number: S-20-660

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing Plaintiff's lawsuit in which he sought to prevent Nebraska voters from amending provisions of the Delayed Deposit Services Licensing Act, Neb. Rev....

State v. Chapman  
Date: October 9, 2020
Citation: 307 Neb. 443
Docket Number: S-19-1065

Justia Opinion Summary: The Supreme Court reversed the decision of the district court affirming the judgment of the county court overruling Defendant's motion for absolute discharge under Nebraska's speedy trial statutes, holding that Defendant...

In re Guardianship & Conservatorship of J.F.  
Date: October 9, 2020
Citation: 307 Neb. 452
Docket Number: S-19-1123

Justia Opinion Summary: The Supreme Court affirmed the judgment of the county court granting Gerald F.'s petition to be appointed guardian and conservator of a minor child and ordering Gerald to pay the guardian ad litem's (GAL) reasonable fees...

State v. Dalton  
Date: October 9, 2020
Citation: 307 Neb. 465
Docket Number: S-19-1192

Justia Opinion Summary: The Supreme Court affirmed in part and vacated in part an order denying Defendant's motion for postconviction relief on his ineffective assistance of trial counsel claims, holding that precedent required that the Court v...

Dycus v. Dycus  
Date: October 9, 2020
Citation: 307 Neb. 426
Docket Number: S-19-853

Justia Opinion Summary: The Supreme Court affirmed the dissolution decree in this case, holding that the no-fault divorce statutory scheme governing dissolution found at Neb. Rev. Stat. 42-347 to 42-381 is not unconstitutional. On appeal from...

State v. Canady  
Date: October 2, 2020
Citation: 307 Neb. 407
Docket Number: S-19-1102

Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions and sentences in two cases in which he entered into no contest pleas to felony charges, holding that there was no error. In two separate cases, Defendant was charged wi...

State v. Gray  
Date: October 2, 2020
Citation: 307 Neb. 418
Docket Number: S-19-1173

Justia Opinion Summary: The Supreme Court affirmed the order of the district court imposing a life sentence for a second degree murder conviction to run consecutively with a sentence of twenty-five to thirty-five years' imprisonment for use of...

In re Claim of Roberts for Attorney Fees  
Date: October 2, 2020
Citation: 307 Neb. 346
Docket Numbers: S-19-378, S-19-533, S-19-932

Justia Opinion Summary: The Supreme Court affirmed a series of orders fixing fees for court-appointed counsel in a juvenile proceeding, holding that the juvenile court did not abuse its discretion. After Mother's children were adjudicated unde...

Yori v. Helms  
Date: October 2, 2020
Citation: 307 Neb. 375
Docket Numbers: S-19-520, S-19-840

Justia Opinion Summary: After Appellant appealed an order of the district court finding him in contempt of court and modifying terms of a parenting plan, the Supreme Court dismissed Appellant's appeal from an order of commitment and a purge ord...

State v. Hurd  
Date: October 2, 2020
Citation: 307 Neb. 393
Docket Number: S-19-919

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction for child abuse, holding that the plain language of Neb. Rev. Stat. 81-1848 allows a victim both to fill out a victim impact statement to be included in the presentence i...

State v. Denton  
Date: October 2, 2020
Citation: 307 Neb. 400
Docket Number: S-19-939

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction and sentence for violating a municipal ordinance prohibiting battery, holding that the Court was unable to read the merits of Defendant's appeal because he failed to prov...

State v. Harris  
Date: September 25, 2020
Citation: 307 Neb. 237
Docket Numbers: S-19-130, S-19-133

Justia Opinion Summary: The Supreme Court vacated the orders of the district court granting Defendant a new trial and absolute discharge, holding that the orders were void because the district court did not comply with the Supreme Court's manda...

Tilson v. Tilson  
Date: September 25, 2020
Citation: 307 Neb. 275
Docket Number: S-19-344

Justia Opinion Summary: The Supreme Court affirmed the order of the district court that modified the decree dissolving Jayson Tilson's marriage, holding that there was no merit to Jayson's claims on appeal. In 2015, the court entered a decree...

Nolasco v. Malcom  
Date: September 25, 2020
Citation: 307 Neb. 309
Docket Numbers: S-19-729, S-19-730

Justia Opinion Summary: The Supreme Court reversed the judgments of the district court dismissing Appellants' automobile negligence actions after the court determined that they were barred by the parental immunity doctrine, holding that the aut...

State v. Archer  
Date: September 25, 2020
Citation: 307 Neb. 330
Docket Numbers: S-19-802, S-19-803

Justia Opinion Summary: The Supreme Court overruled the State's exceptions to the district court's dismissal of charges filed against Deborah Archer and Cory Russell, holding that there was no error in the district court's dismissal of the info...

State ex rel. Counsel for Dis. v. Kozlik
Date: September 25, 2020
Citation: 307 Neb. 339
Docket Number: S-20-459
State ex rel. Counsel for Dis. v. Waldron
Date: September 25, 2020
Citation: 307 Neb. 343
Docket Number: S-20-556
Omaha Exposition & Racing, Inc. v. Nebraska State Gaming Commission  
Date: September 18, 2020
Citation: 307 Neb. 172
Docket Number: S-19-020

Justia Opinion Summary: The Supreme Court vacated the order of the district court reversing and vacating the order of the Nebraska State Racing Commission directing Neb. Rev. Stat. 2-1207(2) funds collected by the Nebraska Horsemen's Benevolent...

First State Bank Nebraska v. MP Nexlevel, LLC  
Date: September 18, 2020
Citation: 307 Neb. 198
Docket Number: S-19-543

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court dismissing First State Bank Nebraska's (First State) claims against MP Nexlevel, LLC seeking performance under a contract, holding that the district court err...

Lassalle v. State  
Date: September 18, 2020
Citation: 307 Neb. 221
Docket Number: S-19-810

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court entering summary judgment in favor of the State and dismissing Plaintiff's claims, including a violation of the Nebraska Wage Payment and Collection Act (NWPC...

Thomas v. Peterson
Date: September 10, 2020
Docket Number: S-20-596
State ex rel. McNally v. Evnen
Date: September 10, 2020
Docket Number: S-20-612
State ex rel. Wagner v. Evnen
Date: September 10, 2020
Docket Number: S-20-623
State ex rel. Tina K. v. Adam B.  
Date: September 4, 2020
Citation: 307 Neb. 1
Docket Number: S-19-448

Justia Opinion Summary: The Supreme Court reversed the order of the district court awarding custody of a child to an individual standing in loco parentis and, in this opinion, refined the standard for an exceptional case where a child's best in...

Moser v. State  
Date: September 4, 2020
Citation: 307 Neb. 18
Docket Number: S-19-726

Justia Opinion Summary: The Supreme Court affirmed the order of the district court dismissing Appellant's personal injury suit, albeit under different grounds for immunity than those relied upon by the district court, holding that the State had...

AVG Partners I, LLC v. Genesis Health Clubs of Midwest, LLC  
Date: September 4, 2020
Citation: 307 Neb. 47
Docket Number: S-19-857

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting a money judgment for Landlord after Tenant breached its leases on two commercial properties, holding that there was no merit in Tenant's arguments on...

Valley Boys, Inc. v. American Family Insurance Co.  
Date: August 28, 2020
Citation: 306 Neb. 928
Docket Number: S-19-528

Justia Opinion Summary: The Supreme Court affirmed the order of the district court granting in part judgment notwithstanding a jury verdict (JNOV) in favor of American Family Insurance Company on Valley Boys, Inc.'s complaint alleging that Amer...

Ash Grove Cement Co. v. Nebraska Department of Revenue  
Date: August 28, 2020
Citation: 306 Neb. 947
Docket Numbers: S-19-669, S-19-674, S-19-675

Justia Opinion Summary: The Supreme Court affirmed the order of the district court finding that the production of aggregate by Ash Grove Cement Company qualified as "processing" under the Nebraska Advantage Act (NAA), Neb. Rev. Stat. 77-5701 to...

State v. Dixon  
Date: August 21, 2020
Citation: 306 Neb. 853
Docket Number: S-19-578

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of one count of burglary and one count of theft by receiving stolen property, holding that Defendant's assignments of error were without merit. Specifically, the Supreme...

State v. Wilson  
Date: August 21, 2020
Citation: 306 Neb. 875
Docket Number: S-19-638

Justia Opinion Summary: The Supreme Court affirmed the determination of the district court that Defendant committed an aggravated offense and was thus subject to lifetime registration under the Sex Offender Registration Act (SORA), holding that...

Braun v. Braun  
Date: August 21, 2020
Citation: 306 Neb. 890
Docket Number: S-19-880

Justia Opinion Summary: The Supreme Court affirmed the order of the district court finding Corey Braun in willful contempt of court for failing to hold his ex-wife, Jennifer Braun, harmless from joint mortgage debt on the marital home Corey was...

Schaeffer v. Frakes  
Date: August 21, 2020
Citation: 306 Neb. 904
Docket Number: S-19-938

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing Plaintiff's complaint brought under 42 U.S.C. 1983 alleging that officials within the Nebraska Department of Correctional Services (DCS) violated h...

Sundermann v. Hy-Vee, Inc.  
Date: August 14, 2020
Citation: 306 Neb. 749
Docket Number: S-18-250

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals reversing the judgment of the district court granting summary judgment in favor of a convenience store in this personal injury action, holding that the conv...

George Clift Enterprises, Inc. v. Oshkosh Feedyard Corp.  
Date: August 14, 2020
Citation: 306 Neb. 775
Docket Number: S-19-700

Justia Opinion Summary: The Supreme Court affirmed the order of the district court granting summary judgment against a real estate agency on its complaint against the seller and buyers of certain property for breach of an exclusive listing agre...

Cain v. Lymber  
Date: August 14, 2020
Citation: 306 Neb. 820
Docket Number: S-19-807

Justia Opinion Summary: The Supreme Court affirmed the district court's dismissal of the Tax Equalization and Review Commission (TERC) in this action in which Plaintiff argued that TERC failed to adhere to the Supreme Court's mandate in a prior...

Diversified Telecom Services v. State  
Date: August 14, 2020
Citation: 306 Neb. 834
Docket Number: S-19-883

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court affirming the decision of the Tax Commissioner denying Plaintiff's petition for redetermination of a sales tax deficiency assessment issued to Plaintiff by th...

State ex rel. Counsel for Dis. v. Schild
Date: August 14, 2020
Citation: 306 Neb. 849
Docket Number: S-20-368
REO Enterprises, LLC v. Village of Dorchester  
Date: August 7, 2020
Citation: 306 Neb. 683
Docket Number: S-18-970

Justia Opinion Summary: The Supreme Court reversed the district court's order granting summary judgment for REO Enterprises, LLC and declaring that the Village of Dorchester's ordinance No. 684 unconstitutionally violated the Equal Protection C...

State v. Hale  
Date: August 7, 2020
Citation: 306 Neb. 725
Docket Number: S-19-1109

Justia Opinion Summary: The Supreme Court affirmed the district court's denial of Appellant's postconviction motion for DNA testing under Nebraska's DNA Testing Act (Act), Neb. Rev. Stat. 29-4116 et seq., holding that Appellant did not meet his...

State v. Cervantes  
Date: August 7, 2020
Citation: 306 Neb. 740
Docket Number: S-19-1169

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of obstructing a police officer, holding that the evidence was sufficient to support the conviction. When law enforcement officers were returning property to Defendant a...

State v. Lauhead  
Date: August 7, 2020
Citation: 306 Neb. 701
Docket Number: S-19-687

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction and sentence for one count of attempted first degree sexual assault of a child and one count of child abuse, holding that the district court did not err by finding Defend...

Gem City Bone & Joint, P.C. v. Meister  
Date: August 7, 2020
Citation: 306 Neb. 710
Docket Number: S-19-849

Justia Opinion Summary: The Supreme Court vacated the judgment of the district court denying Michael Meister's motion to quash and vacate in a garnishment action that sought to collaterally attack a Wyoming judgment obtained by Gem City Bone an...

Shelter Insurance Co. v. Gomez  
Date: July 31, 2020
Citation: 306 Neb. 607
Docket Number: S-18-927

Justia Opinion Summary: The Supreme Court held that a federal regulation does not impose a duty on insurers to issue policies that satisfy a motor carrier's minimum level of financial responsibility because compliance with the financial respons...

Haffke v. Signal 88, LLC  
Date: July 31, 2020
Citation: 306 Neb. 625
Docket Number: S-19-667

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court in favor of Defendant on Plaintiff's claims for defamation and retaliation, holding that the district court did not err in instructing the jury and in applyin...

In re Estate of Adelung  
Date: July 31, 2020
Citation: 306 Neb. 646
Docket Number: S-19-705

Justia Opinion Summary: In this county court probate case, the Supreme Court affirmed as modified the judgment of the probate court determining that a son must reimburse his mother's estate $190,550, holding that, except as to the son's statute...

Russell v. Franklin County  
Date: July 24, 2020
Citation: 306 Neb. 546
Docket Number: S-18-827

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the judgment of the district court determining that Landowners were entitled to receive an amount equal to the diminution in value of private prop...

Walker v. BNSF Railway Co.  
Date: July 24, 2020
Citation: 306 Neb. 559
Docket Number: S-19-331

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court in favor of BNSF Railway Co. on Plaintiff's negligence action under the Federal Employers' Liability Act, 45 U.S.C. 51 et seq., holding that the exclusion of...

Frans v. Waldinger Corp.  
Date: July 24, 2020
Citation: 306 Neb. 574
Docket Number: S-19-482

Justia Opinion Summary: The Supreme Court modified the opinion of the court of appeals to direct the dismissal of Plaintiff's amended petition to a limited extent, holding that there was no basis for directing Plaintiff's entire petition to be...

In re Estate of Hutton  
Date: July 24, 2020
Citation: 306 Neb. 579
Docket Number: S-19-875

Justia Opinion Summary: The Supreme Court vacated the order of the county court requiring Webster County to pay fees and expenses to a court-appointed successor personal representative, holding that the court lacked the authority to order the C...

State v. Theisen  
Date: July 24, 2020
Citation: 306 Neb. 591
Docket Number: S-19-911

Justia Opinion Summary: The Supreme Court affirmed Defendant's plea-based convictions of conspiracy to distribute or deliver a controlled substance (hydrocodone), conspiracy to distribute or deliver a controlled substance (tramadol), and child...

Anderson v. A & R Ag Spraying & Trucking, Inc.  
Date: July 17, 2020
Citation: 306 Neb. 484
Docket Number: S-19-541

Justia Opinion Summary: The Supreme Court vacated in part and affirmed in part the judgment of the district court valuing of the shares of a closely held corporation, holding that the district court erred in entering judgment against both the s...

State v. Galvan (supplemental opinion)
Date: July 17, 2020
Citation: 306 Neb. 498
Docket Numbers: S-19-623, S-19-624
State v. Saitta  
Date: July 17, 2020
Citation: 306 Neb. 499
Docket Number: S-19-697

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction and sentence for possession of a controlled substance, holding that the district court did not err when it overruled Defendant's motion to suppress. In his motion to sup...

State v. Martinez  
Date: July 17, 2020
Citation: 306 Neb. 516
Docket Number: S-19-758

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction and sentence for first-degree sexual assault, holding that the trial court did not err in admitting the English translation of Defendant's Spanish out-of-court statements...

State ex rel. Counsel for Dis. v. Vernon
Date: July 17, 2020
Citation: 306 Neb. 542
Docket Number: S-20-213
State v. Street  
Date: July 10, 2020
Citation: 306 Neb. 380
Docket Number: S-19-307

Justia Opinion Summary: The Supreme Court affirmed the restitution component of Defendant's sentence, holding that the county court did not abuse its discretion in ordering restitution, but remanded the matter with directions to modify the writ...

Tyler F. v. Sara P.  
Date: July 10, 2020
Citation: 306 Neb. 397
Docket Numbers: S-19-513, S-19-514

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the district court awarding joint legal and physical custody of J.F. to Sara P., Tyler F., and Geoffrey V., holding that the district court committe...

Travis v. Lahm  
Date: July 10, 2020
Citation: 306 Neb. 418
Docket Number: S-19-585

Justia Opinion Summary: The Supreme Court affirmed the order of the district court affirming the revocation of Appellant's motor vehicle operator's license for refusing to submit to a chemical test of his breath, holding that the district court...

State v. Devers  
Date: July 10, 2020
Citation: 306 Neb. 429
Docket Number: S-19-629

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court sentencing Defendant to first degree felony murder and use of a firearm to commit a felony, holding that there was no merit to Defendant's claims on appeal....

State v. Ely  
Date: July 10, 2020
Citation: 306 Neb. 461
Docket Number: S-19-850

Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Defendant postconviction relief, holding that there was no merit to Defendant's ineffective assistance of counsel claims. Defendant was convicted of fir...

State v. Liming  
Date: July 10, 2020
Citation: 306 Neb. 475
Docket Number: S-19-928

Justia Opinion Summary: The Supreme Court affirmed the district court's order overruling Defendant's motion for absolute discharge in which he contended that the State failed to bring him to trial within the time required by Neb. Rev. Stat. 29-...

Picard v. P & C Group 1, Inc.  
Date: July 2, 2020
Citation: 306 Neb. 252
Docket Number: S-18-207

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the decision of the court of appeals affirming the Nebraska Worker's Compensation Court's awards for injuries suffered by Halina Picard in two separate accidents, h...

State v. Said  
Date: July 2, 2020
Citation: 306 Neb. 314
Docket Number: S-18-901

Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions and sentences for second degree murder and use of a weapon to commit a felony, holding that there was no abuse in the trial proceedings. Specifically, the Court held (1...

Doerr v. Doerr  
Date: July 2, 2020
Citation: 306 Neb. 350
Docket Number: S-19-418

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dissolving the marriage of Tammy Doerr and Brian Doerr, holding that the district court did not err in its division of the marital estate. On appeal, Brian c...

In re Interest of Noah C.  
Date: July 2, 2020
Citation: 306 Neb. 359
Docket Number: S-19-843

Justia Opinion Summary: The Supreme Court affirmed the decision of the juvenile court terminating the parental rights of Samantha H. to her minor child, Noah C., holding that the juvenile court did not err when it denied Samantha's motion to co...

State ex rel. Miah S. v. Ian K.  
Date: July 2, 2020
Citation: 306 Neb. 372
Docket Number: S-19-937

Justia Opinion Summary: The Supreme Court vacated the order of the juvenile court granting the State's complaint seeking to disestablish the paternity of Aaron S. to a child born during his marriage to the child's mother and to establish patern...

Nathan v. McDermott  
Date: June 26, 2020
Citation: 306 Neb. 216
Docket Number: S-19-637

Justia Opinion Summary: In this contract and tort action brought by the buyers of a business pursuant to a written purchase agreement the Supreme Court affirmed the judgment of the trial court granting summary judgment for the sellers and dismi...

Brumbaugh v. Bendorf  
Date: June 26, 2020
Citation: 306 Neb. 250
Docket Number: S-19-732

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Appellant's request for attorney fees authorized but not mandated by statute, holding that the district court did not abuse its discretion in awarding...

State v. Williams  
Date: June 26, 2020
Citation: 306 Neb. 261
Docket Number: S-19-894

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of negligent child abuse resulting in serious bodily injury and sentence of a term of incarceration not less than two years nor more than three years, holding that the co...

Aboytes-Mosqueda v. LFA Inc.  
Date: June 26, 2020
Citation: 306 Neb. 277
Docket Number: S-19-967

Justia Opinion Summary: The Supreme Court affirmed the judgment of the Workers' Compensation Court (WCC) dismissing Plaintiff's workers' compensation claim against Ismael Huerta and LFA Inc. because Plaintiff failed to prove he was an employee...

State ex rel. Counsel for Dis. v. Worthman
Date: June 26, 2020
Citation: 306 Neb. 289
Docket Number: S-20-422
Saylor v. State  
Date: June 19, 2020
Citation: 306 Neb. 147
Docket Number: S-18-794

Justia Opinion Summary: The Supreme Court reversed the order of the court of appeals dismissing Appellant's lawsuit brought pursuant to the Nebraska State Tort Claims Act (STCA) based on a finding that Appellant failed to comply with the preset...

Candyland, LLC v. Nebraska Liquor Control Commission  
Date: June 19, 2020
Citation: 306 Neb. 169
Docket Number: S-19-535

Justia Opinion Summary: The Supreme Court dismissed this appeal of the district court's order dismissing Candyland, LLC's petition for review of the decision of the Nebraska Liquor Control Commission denying Candyland's application for a retail...

Arnold v. Walz  
Date: June 19, 2020
Citation: 306 Neb. 179
Docket Number: S-19-619

Justia Opinion Summary: In this quiet title action, The Supreme Court affirmed the judgment of the district court granting summary judgment in favor of Joy Arnold and quieting title in favor of the Estate of Beverly Freiden, holding that Michae...

Lambert v. Lincoln Public Schools  
Date: June 19, 2020
Citation: 306 Neb. 192
Docket Number: S-19-620

Justia Opinion Summary: In this tort action, the Supreme Court affirmed the judgment of the district court granting summary judgment for Lincoln Public Schools (LPS), holding that LPS was immune from suit under the discretionary function except...

City of Wahoo v. NIFCO Mechanical Systems, Inc.  
Date: June 19, 2020
Citation: 306 Neb. 203
Docket Number: S-19-622

Justia Opinion Summary: In this negligence action, the Supreme Court reversed the district court's judgment for NIFCO Mechanical Systems, Inc., holding that the comparative negligence instructions constituted plain error. After a pipe in the s...

Acklie v. Greater Omaha Packing Co., Inc.  
Date: June 12, 2020
Citation: 306 Neb. 108
Docket Number: S-18-1128

Justia Opinion Summary: In this breach of contract action, the Supreme Court affirmed the judgment of the district court in favor of Greater Omaha Packing Co., Inc., holding that Allen Acklie's action was based on an unenforceable contract. In...

State v. Vann  
Date: June 12, 2020
Citation: 306 Neb. 91
Docket Number: S-18-928

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction for possession of a deadly weapon by a prohibited person, holding that there was no error in the proceedings below. On appeal, Defendant challenged the State's use of ex...

Lanham v. BNSF Railway Co. - supplemental opinion
Date: June 12, 2020
Citation: 306 Neb. 124
Docket Number: S-19-114
In re Interest of Vladimir G.  
Date: June 12, 2020
Citation: 306 Neb. 127
Docket Number: S-19-645

Justia Opinion Summary: The Supreme Court affirmed the order of the juvenile court adjudicating Abigail G.'s son, Vladimir G., to be a child within the meaning of Neb. Rev. Stat. 43-247(3)(a), holding that although Abigail could invoke her Fift...

E.M. v. Nebraska Department of Health & Human Services  
Date: June 5, 2020
Citation: 306 Neb. 1
Docket Numbers: S-18-1146, S-18-1147, S-18-1148

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court affirming the decision of a state agency ruling several noncitizen applicants ineligible for all public benefits of the Bridge to Independence program (B2I),...

J.S. v. Nebraska Department of Health & Human Services  
Date: June 5, 2020
Citation: 306 Neb. 20
Docket Number: S-18-1149

Justia Opinion Summary: The Supreme Court affirmed the district court's judgment affirming a state agency's denial of Medicaid eligibility after J.S., a noncitizen who was admitted into the bridge to independence program (B2I), reached age nine...

State v. Fredrickson  
Date: June 5, 2020
Citation: 306 Neb. 81
Docket Number: S-19-1083

Justia Opinion Summary: The Supreme Court dismissed the State's appeal challenging the order of the district court granting Defendant the right to proceed with his criminal appeal in forma pauperis, holding that the order was not a judgment nor...

State v. Price  
Date: June 5, 2020
Citation: 306 Neb. 38
Docket Number: S-19-192

Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions and sentences for aiding and abetting robbery and for aiding and abetting first degree assault, holding that Defendant's assignments of error were either without merit o...

State, ex rel. Ryley G. v. Ryan G.  
Date: June 5, 2020
Citation: 306 Neb. 63
Docket Number: S-19-892

Justia Opinion Summary: The Supreme Court affirmed as modified the judgment of the district court determining that it was in Child's best interests to continue living with Mother and in declining to change custody of Child to Father, holding th...

State v. Pope  
Date: May 29, 2020
Citation: 305 Neb. 912
Docket Number: S-18-1151

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction for two counts of first degree murder, two counts of use of a deadly weapon to commit a felony, and one count of possession of a deadly weapon by a prohibited person, hol...

State v. Anderson  
Date: May 29, 2020
Citation: 305 Neb. 978
Docket Number: S-19-1038

Justia Opinion Summary: The Supreme Court affirmed Defendant's plea-based conviction for third degree domestic assault, attempted tampering with a witness or informant, and violating a protection order, holding that Defendant did not receive in...

State v. Parnell  
Date: May 29, 2020
Citation: 305 Neb. 932
Docket Number: S-19-425

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Appellant's motion for postconviction relief without an evidentiary hearing, holding that the trial court erred in determining that one of Appellant's...

State v. Benson  
Date: May 29, 2020
Citation: 305 Neb. 949
Docket Number: S-19-486

Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions for second degree murder, use of a deadly weapon to commit a felony, and other crimes, holding that the district court did not err in denying Defendant's motion to suppr...

State v. Grutell  
Date: May 22, 2020
Citation: 305 Neb. 843
Docket Number: S-18-352

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction for driving under the influence of alcohol (DUI), fourth offense, holding that there was no plain error in how either the trial court of the court of appeals addressed Ne...

Bierman v. Benjamin  
Date: May 22, 2020
Citation: 305 Neb. 860
Docket Number: S-18-915

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court granting partial summary judgment in favor of Plaintiffs, Doug Bierman and Jim Hoppenstedt, on the issue of the enforceability of a buy-sell agreement, holdin...

Sellers v. Reefer Systems, Inc.  
Date: May 22, 2020
Citation: 305 Neb. 868
Docket Number: S-19-082

Justia Opinion Summary: In this workers' compensation case, the Supreme Court reversed the judgment of the court of appeals denying Employee's motion for attorney fees for his counsel's appellate work, holding that the affidavit submitted by Em...

Benjamin v. Bierman  
Date: May 22, 2020
Citation: 305 Neb. 879
Docket Numbers: S-19-328, S-19-329

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court finding that Defendants breached two operating agreements, ordering an accounting for each, declining to dissolve either, and awarding Plaintiff damages, hold...

Dondlinger v. Nelson  
Date: May 22, 2020
Citation: 305 Neb. 894
Docket Number: S-19-428

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing this legal malpractice action as time barred, holding that the court did not err in ruling that the continuing representation exception to the two-...

State v. Jennings  
Date: May 15, 2020
Citation: 305 Neb. 809
Docket Number: S-18-1186

Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions of first degree murder and other crimes, holding that the district court did not err in denying Defendant's motions to suppress. Before trial, Defendant moved to suppre...

State ex rel. BH Media Group v. Frakes  
Date: May 15, 2020
Citation: 305 Neb. 780
Docket Numbers: S-18-604, S-18-605, S-18-606, S-19-027, S-19-028, S-19-029

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court determining that records related to the Nebraska Department of Correctional Services's (DCS) efforts to acquire lethal injection drugs were subject to disclos...

State v. Archie  
Date: May 15, 2020
Citation: 305 Neb. 835
Docket Number: S-19-930

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction and sentence following his plea of no contest to attempted first degree sexual assault, holding that Defendant's sentence was not excessive and that this Court will not c...

State v. Lang  
Date: May 8, 2020
Citation: 305 Neb. 726
Docket Number: S-19-275

Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions for possessing methamphetamine and marijuana, holding that Defendant was not entitled to relief on her allegations of error. On appeal, Defendant argued (1) the distric...

Bonness v. Armitage  
Date: May 8, 2020
Citation: 305 Neb. 747
Docket Number: S-19-393

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court dismissing Plaintiff's medical malpractice action on statute of limitations grounds, holding that because the face of the complaint showed that the action was...

State v. Ferrin  
Date: May 8, 2020
Citation: 305 Neb. 762
Docket Number: S-19-594

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction and sentence for the misdemeanor offense of obstructing a peace officer, holding that the evidence was sufficient to support the conviction. Specifically, the Supreme C...

State v. Degarmo  
Date: May 1, 2020
Citation: 305 Neb. 680
Docket Number: S-19-015

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of driving under the influence, holding that Defendant consented to a chemical test of his urine and, therefore, the results of the urine test were admissible. A law enf...

Yeransian v. Willkie Farr & Gallagher LLP  
Date: May 1, 2020
Citation: 305 Neb. 693
Docket Number: S-19-320

Justia Opinion Summary: The Supreme Court affirmed the order of the district court dismissing Plaintiff's complaint against Defendant, a law firm, holding that the district court correctly determined it lacked jurisdiction over the complaint....

FTR Farms, Inc. v. Rist Farm, Inc.  
Date: May 1, 2020
Citation: 305 Neb. 708
Docket Number: S-19-438

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court in this partition action, holding that partition in kind cannot be decreed using owelty - or a monetary payment to equalize values - without great prejudice t...

Jones v. Jones  
Date: April 23, 2020
Citation: 305 Neb. 615
Docket Number: S-18-093

Justia Opinion Summary: The Supreme Court reversed in part the judgment of the court of appeals finding sufficient evidence to support modifying legal custody of the minor child in this case but not physical custody, holding that the court of a...

In re Application No. C-4973 of Skrdlant  
Date: April 23, 2020
Citation: 305 Neb. 635
Docket Numbers: S-18-877, S-18-878

Justia Opinion Summary: The Supreme Court dismissed Appellant's appeals from orders of the Nebraska Public Service Commission (PSC) that granted applications requesting changes to existing boundaries so that the applicants could receive advance...

Huff v. Brown  
Date: April 23, 2020
Citation: 305 Neb. 648
Docket Number: S-19-271

Justia Opinion Summary: The Supreme Court reversed the portion of the district court's order granting in part a writ of mandamus requiring Doug Brown, the sheriff of Furnas County, to provide records to Herchel Huff pursuant to the public recor...

Schaefer Shapiro, LLP v. Ball  
Date: April 23, 2020
Citation: 305 Neb. 669
Docket Number: S-19-547

Justia Opinion Summary: In this case where a judgment creditor sought to garnish the judgment debtor's bank account, which, at one time, contained funds both exempt and nonexempt from garnishment, the Supreme Court affirmed the judgment of the...

State ex rel. Counsel for Dis. v. Nnaka
Date: April 23, 2020
Citation: 305 Neb. 677
Docket Number: S-20-073
State v. Schroeder  
Date: April 17, 2020
Citation: 305 Neb. 527
Docket Number: S-18-582

Justia Opinion Summary: The Supreme Court affirmed Defendant's sentence of death for first degree murder, holding that there was no error in the sentence imposed by the sentencing panel. Specifically, the Supreme Court held that the sentencing...

State ex rel. Counsel for Dis. v. Hanson
Date: April 17, 2020
Citation: 305 Neb. 566
Docket Number: S-19-355
State v. Montoya  
Date: April 17, 2020
Citation: 305 Neb. 581
Docket Number: S-19-660

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court affirming Defendant's conviction and sentence for driving under the influence, holding that there was no error in the challenged rulings by the trial court....

Great Northern Insurance Co. v. Transit Authority of Omaha  
Date: April 17, 2020
Citation: 305 Neb. 609
Docket Number: S-19-913

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals dismissing Metro Area Transit's (Metro) appeal of the district court's denial of his motion for summary judgment based on sovereign immunity, holding that t...

HBI, LLC v. Barnette  
Date: April 10, 2020
Citation: 305 Neb. 457
Docket Number: S-19-147

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court granting summary judgment in favor of Appellee and quieting title on certain property after issuance of a tax deed, holding that Appellee complied with the st...

TransCanada Keystone Pipeline v. Tanderup  
Date: April 10, 2020
Citation: 305 Neb. 493
Docket Number: S-19-493 through S-19-508

Justia Opinion Summary: In these appeals for a series of condemnation proceedings initiated by TransCanada Keystone Pipeline, LP, the Supreme Court affirmed the judgment of the district court finding that the county court plainly erred by enter...

State v. Galvan  
Date: April 10, 2020
Citation: 305 Neb. 513
Docket Numbers: S-19-623, S-19-624

Justia Opinion Summary: The Supreme Court affirmed in part as modified and vacated in part the order of the district court imposing consecutive five-month terms of imprisonment following Defendant's revocation from post-release supervision in t...

In re Guardianship of Suzette G.  
Date: April 3, 2020
Citation: 305 Neb. 428
Docket Number: S-18-785

Justia Opinion Summary: The Supreme Court affirmed the order of the court of appeals affirming the order of the county court appointing Suzette G.'s brother, Alvin G., as her limited guardian, holding that the court of appeals did not err when...

Reveiz v. El-Kasaby
Date: April 3, 2020
Citation: 305 Neb. 440
Docket Number: S-19-278
State v. Valdez  
Date: April 3, 2020
Citation: 305 Neb. 441
Docket Number: S-19-475

Justia Opinion Summary: In Defendant's appeal from his conviction and sentence the Supreme Court remanded the cause with direction for a new enhancement and sentencing hearing, holding that the district court erred when it enhanced Defendant's...

State v. Hessler  
Date: April 3, 2020
Citation: 305 Neb. 451
Docket Number: S-19-652

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Defendant's motion for postconviction relief without an evidentiary hearing, holding that Defendant's postconviction claims were time barred. In his...

State v. Britt  
Date: March 27, 2020
Citation: 305 Neb. 363
Docket Number: S-18-557

Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions of three counts of first degree murder, three counts of use of a deadly weapon to commit a felony, and one count of possession of a deadly weapon by a prohibited person,...

State v. Guzman  
Date: March 27, 2020
Citation: 305 Neb. 376
Docket Number: S-19-056

Justia Opinion Summary: The Supreme Court vacated Defendant's sentence for witness tampering but otherwise affirmed Defendant's convictions and the sentence imposed for Defendant's sexual assault conviction, holding that Defendant's sentence fo...

State ex rel. Counsel for Dis. v. Argyrakis
Date: March 27, 2020
Citation: 305 Neb. 396
Docket Number: S-19-059
State v. Kelley  
Date: March 27, 2020
Citation: 305 Neb. 409
Docket Number: S-19-227

Justia Opinion Summary: The Supreme Court dismissed Defendant's appeal of the denial of his plea in bar, holding that because Defendant's plea in bar did not present a colorable double jeopardy claim this Court lacked appellate jurisdiction. D...

State v. Stabler  
Date: March 27, 2020
Citation: 305 Neb. 415
Docket Number: S-19-360

Justia Opinion Summary: The Supreme Court affirmed Defendant conviction of second degree assault and use of a deadly weapon to commit a felony and sentence of fifteen to twenty-five years' imprisonment, holding that the district court (1) did n...

State v. Lierman  
Date: March 20, 2020
Citation: 305 Neb. 289
Docket Number: S-18-402

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant of multiple counts of sexual assault of a child and child abuse, holding that the district court did not err in admitting prior sexual as...

Hochstein v. Cedar County Board of Adjustment  
Date: March 20, 2020
Citation: 305 Neb. 321
Docket Number: S-19-459

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court affirming a county board of adjustment's decision affirming the zoning administrator's grant of a zoning permit for construction of a new residence within an...

State v. Thelen  
Date: March 20, 2020
Citation: 305 Neb. 334
Docket Number: S-19-604

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court affirming Defendant's criminal misdemeanor convictions for violating Neb. Rev. Stat. 39-301 by repeatedly erecting an electric fence approximately three feet...

County of Cedar v. Thelen  
Date: March 20, 2020
Citation: 305 Neb. 351
Docket Number: S-19-605

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court finding that Appellant's placing an electric fence within the county's right-of-way extending into a ditch violated Neb. Rev. Stat. 39-301 and granting an inj...

Merrick v. Fischer, Rounds & Associates, Inc.  
Date: March 13, 2020
Citation: 305 Neb. 230
Docket Number: S-18-1173

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting summary judgment in favor of Plaintiff's employer's insurance broker and insurer and dismissing Plaintiff's action claiming that the broker had a dut...

State v. Sierra  
Date: March 13, 2020
Citation: 305 Neb. 249
Docket Number: S-19-180

Justia Opinion Summary: The Supreme Court affirmed in part and vacated in part Defendant's convictions and sentences for burglary, conspiracy to commit burglary, and theft involving a truck, a trailer, and several tools from a garage, holding t...

In re Interest of Taeson D.  
Date: March 13, 2020
Citation: 305 Neb. 279
Docket Number: S-19-382

Justia Opinion Summary: The Supreme Court affirmed the judgment of the juvenile court terminating Father's parental rights to his minor child, holding that the juvenile court did not deny Father procedural due process and did not err when it de...

Sabino v. Ozuna  
Date: March 6, 2020
Citation: 305 Neb. 176
Docket Number: S-18-110

Justia Opinion Summary: The Supreme Court reversed the decision of the district court declining to make specific findings of fact for purposes of special immigrant juvenile (SIJ) status under federal law after rendering judgment dissolving the...

Seldin v. Estate of Silverman  
Date: March 6, 2020
Citation: 305 Neb. 185
Docket Numbers: S-19-310, S-19-311

Justia Opinion Summary: The Supreme Court affirmed as modified the district court's confirmation of an arbitration award of almost $3 million under the Federal Arbitration Act (FAA) and awarding attorney fees as a sanction under Neb. Rev. Stat....

State v. Gomez  
Date: March 6, 2020
Citation: 305 Neb. 222
Docket Number: S-19-369

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction for violating a domestic abuse protection order, holding that there was sufficient evidence that Defendant was personally served with the protection order. On appeal, D...

Brown v. State  
Date: February 28, 2020
Citation: 305 Neb. 111
Docket Number: S-19-073

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court dismissing with prejudice Plaintiff's action against the State alleging negligence under the State Tort Claims Act (STCA), Neb. Rev. Stat. 81-8,209 to 81-8,23...

Lanham v. BNSF Railway Co.  
Date: February 28, 2020
Citation: 305 Neb. 124
Docket Number: S-19-114

Justia Opinion Summary: The Supreme Court reversed the order of the district court overruling BNSF Railway Company's motion to dismiss for lack of jurisdiction this negligence action brought under the Federal Employers' Liability Act (FELA), 45...

State v. McCulley  
Date: February 28, 2020
Citation: 305 Neb. 139
Docket Number: S-19-313

Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions and sentences, holding that Defendant's assignment of error related to excessive sentences of incarceration was moot and that the district court did not err in calculati...

State v. A.D.  
Date: February 28, 2020
Citation: 305 Neb. 154
Docket Numbers: S-19-583, S-19-678

Justia Opinion Summary: The Supreme Court dismissed these consolidated appeals in which Appellants argued that the county court erred by concluding it lacked jurisdiction to decide motions to transfer their felony criminal cases to juvenile cou...

State v. Fredrickson  
Date: February 28, 2020
Citation: 305 Neb. 165
Docket Number: S-19-743

Justia Opinion Summary: The Supreme Court dismissed the State's appeal from a district court order finding Defendant indigent and entitled to court-appointed appellate counsel at the expense of Washington County, holding that the court's order...

State v. Krannawitter  
Date: February 21, 2020
Citation: 305 Neb. 66
Docket Number: S-19-014

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction for third-offense driving under the influence, holding that the district court did not err in denying Defendant's motion to suppress or in denying Defendant's motion for...

State ex rel. Counsel for Dis. v. Barfield
Date: February 21, 2020
Citation: 305 Neb. 79
Docket Number: S-19-204
State v. Valentino  
Date: February 21, 2020
Citation: 305 Neb. 96
Docket Number: S-19-270

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court affirming the judgment of the county court convicting Defendant of solicitation of prostitution, holding that there was no merit to Defendant's claim that he...

State ex rel. Counsel for Dis. v. Galter
Date: February 21, 2020
Citation: 305 Neb. 108
Docket Number: S-20-057
Western Ethanol Co. v. Midwest Renewable Energy  
Date: February 14, 2020
Citation: 305 Neb. 1
Docket Number: S-18-1192

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court denying Midwest Renewable Energy, LLC's motion to quash execution of a judgment, holding that there was no merit in Midwest Renewable's appeal. In 2010, a ju...

DH-1, LLC v. City of Falls City  
Date: February 14, 2020
Citation: 305 Neb. 23
Docket Number: S-19-039

Justia Opinion Summary: In this case concerning the interpretation of a contingency fee for legal services between the City of Falls City, Nebraska and two law firms, the Supreme Court affirmed the judgment of the district court concluding that...

State v. Amaya  
Date: February 14, 2020
Citation: 305 Neb. 36
Docket Number: S-19-189

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting the State's motion to dismiss Appellant's motion for DNA testing under the DNA Testing Act, Neb. Rev. Stat. 29-4116 to 29-4125, holding that the dist...

State v. Jedlicka  
Date: February 14, 2020
Citation: 305 Neb. 52
Docket Number: S-19-268

Justia Opinion Summary: The Supreme Court held that the district court erred in sustaining Defendant's motion to quash an information for revocation of probation, holding that a probation violation allegation asserting a law violation from a ne...

State v. Assad  
Date: February 7, 2020
Citation: 304 Neb. 979
Docket Number: S-17-1193

Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals affirming the district court's motion for postconviction relief without a hearing, holding that because Appellant did not even attempt to demonstrate that h...

In re Guardianship of Eliza W.  
Date: February 7, 2020
Citation: 304 Neb. 995
Docket Number: S-18-1141

Justia Opinion Summary: The Supreme Court reversed the order of the county court establishing a guardianship for an Indian child, holding that the guardianship proceeding was governed by the federal Indian Child Welfare Act (ICWA) and the Nebra...

Shelter Mutual Insurance Co. v. Freudenburg  
Date: February 7, 2020
Citation: 304 Neb. 1015
Docket Number: S-19-265

Justia Opinion Summary: In this insurance dispute, the Supreme Court reversed the decision of the district court granting summary judgment to Shelter Mutual Insurance Company on its declaratory judgment action, holding that Neb. Rev. Stat. 60-3...

TNT Cattle Co. v. Fife  
Date: January 31, 2020
Citation: 304 Neb. 890
Docket Number: S-18-1067

Justia Opinion Summary: In this dispute between an out-of-state landlord and her tenant as to the duration of the parties' farm lease agreement the Supreme Court held that the district court did not err in finding for the tenant and awarding da...

Gage County v. Employers Mutual Casualty Co.  
Date: January 31, 2020
Citation: 304 Neb. 926
Docket Number: S-18-1118

Justia Opinion Summary: In this declaratory judgment action, the Supreme Court reversed the district court's decision entering summary judgment in favor of Gage County's insurer, Employers Mutual Casualty Company (EMC), and dismissing Gage Coun...

White v. White  
Date: January 31, 2020
Citation: 304 Neb. 945
Docket Number: S-19-047

Justia Opinion Summary: The Supreme Court modified a decree dissolving Timothy White's marriage to Ann White, holding that Tim established that part of an investment account was nonmarital, and therefore, that account was not properly classifie...

Bohling v. Bohling  
Date: January 31, 2020
Citation: 304 Neb. 968
Docket Number: S-19-225

Justia Opinion Summary: In this will contest, the Supreme Court reversed the district court's decision granting summary judgment determining that the decedent's will was valid, holding that where the bill of exceptions did not contain the propo...

In re Interest of Zoie H.  
Date: January 24, 2020
Citation: 304 Neb. 868
Docket Number: S-18-1028

Justia Opinion Summary: The Supreme Court affirmed the order of the separate juvenile court adjudicating Appellant for the act of attempted theft by unlawful taking, $5,000 or more, holding that Appellant was not entitled to reversal of her con...

Loyd v. Family Dollar Stores of Nebraska, Inc  
Date: January 24, 2020
Citation: 304 Neb. 883
Docket Number: S-19-230

Justia Opinion Summary: The Supreme Court dismissed this appeal from an order disapproving the parties' application for an order approving a lump-sum settlement on the grounds that the application was not in compliance with the Nebraska Workers...

State v. Case  
Date: January 17, 2020
Citation: 304 Neb. 829
Docket Number: S-18-1197

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction and sentence for assault by a confined person, holding that the district court did not err in its challenged evidentiary rulings and that there was sufficient evidence to...

Goes v. Vogler  
Date: January 17, 2020
Citation: 304 Neb. 848
Docket Numbers: S-18-1201, S-18-1203

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court concluding that Defendants owed damages to their general contractor and two of its subcontractors (collectively, Plaintiffs) for the construction of a residen...

Eddy v. Builders Supply Co.  
Date: January 17, 2020
Citation: 304 Neb. 804
Docket Number: S-18-800

Justia Opinion Summary: The Supreme Court affirmed the decision of the Nebraska Workers' Compensation Court dismissing Plaintiff's petition alleging that she had sustained a severe and permanent brain injury as a result of an accident with a na...

Drought v. Marsh  
Date: January 17, 2020
Citation: 304 Neb. 860
Docket Number: S-19-018

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court granting summary judgment in favor of Employer and dismissing two former employees' complaint seeking paid time off (PTO) compensation under the Nebraska Wage...

Saylor v. State  
Date: January 10, 2020
Citation: 304 Neb. 779
Docket Number: S-18-793

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing as time barred this action brought under the State Tort Claims Act (STCA), Neb. Rev. Stat. 81-8,209 to 81-8,235, holding that the savings clause of...

State v. Myers  
Date: January 10, 2020
Citation: 304 Neb. 789
Docket Number: S-19-345

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Defendant's motion for testing under Nebraska's DNA Testing Act and his motion for the appointment of counsel, holding that the district court did not...

Adair Holdings, LLC v. Johnson  
Date: January 3, 2020
Citation: 304 Neb. 720
Docket Number: S-18-1214

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court determining that a tax deed obtained by Adair Holdings, LLC was void for incorrect notice and granting the counterclaim for quiet title filed by Dennis G. Joh...

In re Interest of Jeremy U.  
Date: January 3, 2020
Citation: 304 Neb. 734
Docket Number: S-19-215

Justia Opinion Summary: The Supreme Court reversed the decision of the juvenile court declining to adjudicate a newborn that reportedly tested positive for methamphetamine on the grounds that the State failed to prove that he was at risk of har...

State v. Torres  
Date: January 3, 2020
Citation: 304 Neb. 753
Docket Number: S-19-276

Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Appellant's third motion for post conviction relief without an evidentiary hearing, holding that there was no merit to Appellant's claims on appeal. Def...

State v. Iddings  
Date: January 3, 2020
Citation: 304 Neb. 759
Docket Number: S-19-304

Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Appellant's third motion for postconviction relief without an evidentiary hearing, holding that there was no merit to Appellant's claims on appeal. Defe...

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