Nebraska Supreme Court Decisions 2021
Date: December 23, 2021
Citation: 310 Neb. 638
Docket Number: S-21-043
Justia Opinion Summary: The Supreme Court reversed the order of the district court that denied Christina C.'s application to modify child custody of her daughter, Daphnie F., holding that the district court's order did not follow the framework…
Date: December 23, 2021
Citation: 310 Neb. 647
Docket Number: S-21-369
Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Appellant's motion for postconviction relief, holding that because Appellant did not file his motion for postconviction relief within the relevant…
Date: December 17, 2021
Citation: 310 Neb. 543
Docket Number: S-20-577
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court entering judgment upon the jury's general verdict in favor of Homeowners in their complaint against the builder of their house (Builder), holding that there…
Date: December 17, 2021
Citation: 310 Neb. 588
Docket Number: S-20-604
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting the State's motion to dismiss Plaintiff's negligence claim based on lack of subject matter jurisdiction, holding that the State was immune from…
Date: December 17, 2021
Citation: 310 Neb. 609
Docket Number: S-21-104
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant of attempted false information on a gun permit application, holding that neither of the two questions of law raised by Defendant had…
Date: December 17, 2021
Citation: 310 Neb. 626
Docket Number: S-21-205
Justia Opinion Summary: The Supreme Court affirmed the order of the district court that instructed a receiver to continue its management of agricultural land, in which Appellants, the testator's children, each held fractional life estates along…
Date: December 10, 2021
Citation: 310 Neb. 527
Docket Number: S-20-898
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court affirming a county court's conviction and sentence for bigamy, holding that a voidable marriage will support a bigamy prosecution. On appeal from his bigamy…
Date: December 3, 2021
Citation: 310 Neb. 440
Docket Number: S-20-538
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the district court denying Defendant's petition for postconviction relief, holding that Defendant was entitled to an evidentiary hearing on one of…
Date: December 3, 2021
Citation: 310 Neb. 463
Docket Number: S-20-680
Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Defendant's petition for postconviction relief following an evidentiary hearing, holding that there was no error. Defendant was convicted of two counts…
Date: December 3, 2021
Citation: 310 Neb. 478
Docket Number: S-20-681
Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Defendant's motion for postconviction relief following an evidentiary hearing, holding that the district court did not err in denying the motion. In…
Date: December 3, 2021
Citation: 310 Neb. 496
Docket Number: S-20-700
Justia Opinion Summary: The Supreme Court affirmed in part as modified and reversed in part the judgment of the district court finding that the City of Bellevue, Nebraska unconstitutionally impaired its contractual obligations and ordering the…
Date: December 3, 2021
Citation: 310 Neb. 519
Docket Number: S-21-246
Justia Opinion Summary: The Supreme Court affirmed the order of the county court denying Appellant's motion for absolute discharge under the speedy trial statutes, holding that there was no merit to Appellant's appeal. Appellant was charged…
Date: November 19, 2021
Citation: 310 Neb. 389
Docket Numbers: S-20-093, S-20-094
Date: November 19, 2021
Citation: 310 Neb. 391
Docket Number: S-20-877
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of first degree sexual assault of a child, holding that there was no merit to Defendant's claims of trial error, and Defendant was not entitled to relief on his claims of…
Date: November 12, 2021
Citation: 310 Neb. 355
Docket Number: S-19-1168
Justia Opinion Summary: The Supreme Court reversed the judgment of the court of appeals reducing Defendant's sentence imposed for his firearm conviction as excessive, holding that the court of appeals erred. Defendant pled no contest to…
Date: November 12, 2021
Citation: 310 Neb. 376
Docket Number: S-21-096
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction for violating a municipal ordinance prohibiting driving under the influence, holding that there was no error. The State charged Defendant with several offenses arising…
Date: November 5, 2021
Citation: 310 Neb. 329
Docket Number: S-20-867
Justia Opinion Summary: The Supreme Court affirmed the marital dissolution decree entered by the district court in this case, holding that the court's ultimate division was reasonable and fair. In the marital dissolution decree dissolving the…
Date: November 5, 2021
Citation: 301 Neb. 345
Docket Number: S-20-926
Justia Opinion Summary: The Supreme Court affirmed the order of the district court modifying the decree dissolving the marriage of Matthew Keiser and Krystal Keiser, holding that there was no abuse of discretion. In 2018, a decree dissolved…
Date: October 22, 2021
Citation: 310 Neb. 302
Docket Number: S-20-753
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court affirming the determination of the Nebraska Accountability and Disclosure Commission (NADC) that Timothy Moore, while serving as the chair of the board of…
Date: October 22, 2021
Citation: 310 Neb. 318
Docket Number: S-21-112
Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Defendant's motion for a new trial filed after Defendant was convicted of second-degree murder, use of a firearm to commit a felony, and possession of a…
Date: October 8, 2021
Citation: 310 Neb. 271
Docket Numbers: S-20-093, S-20-094
Justia Opinion Summary: The Supreme Court reversed the judgment of the trial court granting summary judgment in favor of Thomas Pribil and William Kilzer (together, Appellees), the copersonal representatives of the estate of Charles E. Lakin…
Date: October 1, 2021
Citation: 310 Neb. 243
Docket Number: S-20-515
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court modifying the decree dissolving the marriage of Donald and Linda Eis, awarding Linda an increased equalization payment of $176,462, holding that there was no…
Date: October 1, 2021
Citation: 310 Neb. 256
Docket Number: S-20-741
Date: October 1, 2021
Citation: 310 Neb. 262
Docket Number: S-20-884
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court overruling Appellant's second motion for discharge on statutory speedy trial grounds, holding that a defendant can permanently waive his or her statutory…
Date: September 24, 2021
Citation: 310 Neb. 174
Docket Number: S-20-691
Justia Opinion Summary: The Supreme Court dismissed for lack of a final, appealable order the probate court's denial of Appellant's "Verified Petition for Instruction" referencing Neb. Rev. Stat. 30-402, holding that the petition was not final…
Date: September 24, 2021
Citation: 310 Neb. 184
Docket Number: S-20-726
Justia Opinion Summary: The Supreme Court dismissed Appellants' appeal from the district court's dismissal of their appeal of a county board's grant of a conditional use permit (CUP) for the development of a commercial wind turbine operation,…
Date: September 24, 2021
Citation: 310 Neb. 196
Docket Number: S-20-733
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the district court entering a decree dissolving the marriage of Steve Vanderveer and Joy Vanderveer, dividing their marital estate, awarding alimony…
Date: September 24, 2021
Citation: 310 Neb. 224
Docket Number: S-20-812
Justia Opinion Summary: The Supreme Court affirmed the order of the district court overruling Defendant's motion for absolute discharge, in which Defendant alleged violations of his constitutional and statutory rights to a speedy trial, holding…
Date: September 17, 2021
Citation: 310 Neb. 81
Docket Number: S-19-415
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Defendant's motion to dismiss with prejudice or for absolute discharge based on late disclosures of discovery information resulting in delays…
Date: September 17, 2021
Citation: 310 Neb. 147
Docket Number: S-20-516
Justia Opinion Summary: The Supreme Court held that Neb. Rev. Stat. 44-3,128.01, which grants an insurer the right of subrogation, does not preempt a common-law rule, known as the common fund doctrine, allowing an attorney to collect a pro rata…
Date: September 17, 2021
Citation: 310 Neb. 157
Docket Number: S-20-584
Date: September 17, 2021
Citation: 310 Neb. 160
Docket Number: S-20-789
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court, sitting as an appellate court, affirming the county court's denial of Defendant's motion for absolute discharge based on her statutory right to a speedy…
Date: September 3, 2021
Citation: 310 Neb. 39
Docket Number: S-20-111
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the county court denying petitions to recover fees and expenses incurred by a nominated personal representative and his attorney who unsuccessfully…
Date: September 3, 2021
Citation: 310 Neb. 69
Docket Number: S-21-107
Justia Opinion Summary: The Supreme Court affirmed the order of the district court overruling Defendant's motion for postconviction relief, holding that Defendant failed to prove that he suffered prejudice under Strickland v. Washington, 466…
Date: August 27, 2021
Citation: 310 Neb. 21
Docket Number: S-20-636
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying West Corporation's motion for judgment notwithstanding the verdict and motion for a new trial after the jury found that West breached contracts with a…
Date: August 20, 2021
Citation: 310 Neb. 1
Docket Number: S-21-066
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court determining that Nebraska statutes authorizing the Governor to appoint election commissioners in Lancaster, Douglas and Sarpy Counties were constitutional,…
Date: August 20, 2021
Citation: 310 Neb. 18
Docket Number: S-21-471
Date: August 13, 2021
Citation: 309 Neb. 950
Docket Number: S-20-125
Justia Opinion Summary: In this dispute between competitors in the bingo hall gaming industry that sued each other for breach of contract, the Supreme Court affirmed in part and reversed in part the judgment of the trial court, holding that the…
Date: August 13, 2021
Citation: 309 Neb. 970
Docket Number: S-20-672
Justia Opinion Summary: The Supreme Court affirmed the order of the district court dismissing this lawsuit on the grounds that Defendants were not timely served, holding that a defendant's filing of an "Appearance of Counsel" does not…
Date: August 13, 2021
Citation: 309 Neb. 979
Docket Number: S-20-758
Justia Opinion Summary: The Supreme Court affirmed the judgment of the judgment of the district court dismissing Plaintiffs' claims against the Nebraska Department of Health and Human Services (DHHS) alleging violations of the Health Care…
Date: August 6, 2021
Citation: 309 Neb. 865
Docket Number: S-20-545
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court granting summary judgment in favor of Thomas Ridder and Donald Limpach and dismissing this negligence action filed by Beetye Davis, holding that both…
Date: August 6, 2021
Citation: 309 Neb. 888
Docket Numbers: S-20-583, S-20-593
Justia Opinion Summary: The Supreme Court reversed the rulings of the district court on summary judgment invalidating a transfer-on-death (TOD) executed by Wife before her death naming Daughter as the designated beneficiary to her interest in a…
Date: August 6, 2021
Citation: 309 Neb. 918
Docket Number: S-20-735
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court confirming an arbitration award ordering the reinstatement of Steve LeClair to his position as a firefighter with the City of Omaha, holding that the district…
Date: July 30, 2021
Citation: 309 Neb. 776
Docket Number: S-20-400
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Father's motion to modify the custody and parenting time arrangements between the parties, holding that the district court neither abused its…
Date: July 30, 2021
Citation: 309 Neb. 803
Docket Number: S-20-470
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the order of the district court declaring that the marriage between Steven Greg Meyer (Greg) and Molly Stacey, deceased, to be null and void and ordering Greg and…
Date: July 30, 2021
Citation: 309 Neb. 838
Docket Number: S-20-518
Justia Opinion Summary: The Supreme Court affirmed the decision of the Tax Commission affirming the deficiency assessment imposed by the Nebraska Department of Revenue upon a Nebraska corporation, which purchased an interest in an airplane from…
Date: July 23, 2021
Citation: 309 Neb. 749
Docket Number: S-20-720
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Appellant's motion for absolute discharge, holding that Appellant's statutory speedy trial rights were not violated. On appeal, Defendant argued that…
Date: July 16, 2021
Citation: 309 Neb. 695
Docket Number: S-20-575
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court affirming the sanction imposed upon Thomas B. Whittle, M.D. for committing acts of unprofessional conduct, holding that none of Whittle's claims on appeal had…
Date: July 16, 2021
Citation: 309 Neb. 726
Docket Number: S-20-728
Justia Opinion Summary: The Supreme Court vacated the order of the compensation court requiring Defendants to modify an existing home or potentially build a unit to meet the accessibility requirements of Allen Michael Lewis, holding that the…
Date: July 16, 2021
Citation: 309 Neb. 738
Docket Number: S-20-802
Justia Opinion Summary: The Supreme Court reversed the order of the district court dismissing Main St Properties LLC's (MSP) "Petition to Appeal Assessment of Bellevue Board of Equalization" for lack of jurisdiction, holding that Neb. Rev.…
Date: July 9, 2021
Citation: 309 Neb. 677
Docket Number: S-20-345
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court finding that Lola Urban had superior title to certain real estate and was entitled to have her son, Richard Urban, ejected from the property, holding that the…
Date: July 2, 2021
Citation: 309 Neb. 625
Docket Number: S-20-502
Justia Opinion Summary: The Supreme Court affirmed the district court's entry of summary judgment concluding that Robert Bohling's father left a valid will, holding that there was no merit to any of Robert's assignments of error. When Willis…
Date: July 2, 2021
Citation: 309 Neb. 644
Docket Number: S-20-562
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of failure to appear, holding that there was no error in the admission of certain court records and that Neb. Rev. Stat. 25-2221 should not be used to calculate the…
Date: July 2, 2021
Citation: 309 Neb. 655
Docket Number: S-20-574
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing Plaintiff's complaint seeking a declaration that Walnut Grove Hillside Condominium Regime No. 3, Inc. refused a reasonable accommodation under the…
Date: July 2, 2021
Citation: 309 Neb. 667
Docket Number: S-20-639
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction for second degree assault, holding that the district court's sentence of nineteen to twenty years' imprisonment was not excessive. At the sentencing hearing, the…
Date: June 25, 2021
Citation: 309 Neb. 542
Docket Number: S-20-455
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court determining that Shawn Zutavern and his son, Russell Zutavern, were not beneficiaries of a trust created by Shawn's father, William Zutavern, and lacked…
Date: June 25, 2021
Citation: 309 Neb. 565
Docket Number: S-20-626
Justia Opinion Summary: The Supreme Court affirmed the judgment of the juvenile court denying the State's petition to terminate Mother's parental rights, holding that, under the circumstances of this case, the State fell short of carrying its…
Date: June 25, 2021
Citation: 309 Neb. 600
Docket Number: S-20-659
Justia Opinion Summary: In this inverse condemnation action, the Supreme Court affirmed the judgment of the district court dismissing the action on the pleadings, finding that the sanitary and improvement district (SID) lacked standing, holding…
Date: June 25, 2021
Citation: 309 Neb. 616
Docket Number: S-20-725
Justia Opinion Summary: The Supreme Court affirmed the order of the district court overruling Defendant's motion for absolute discharge on statutory speedy trial grounds, holding that Defendant's appeal was without merit. Defendant was charged…
Date: June 18, 2021
Citation: 309 Neb. 486
Docket Number: S-20-097
Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals reversing the conclusion of the Buffalo County Court that the Phelps County Court lacked jurisdiction to transfer this case to Buffalo County and dismissing…
Date: June 18, 2021
Citation: 309 Neb. 494
Docket Number: S-20-619
Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions and sentences for conspiracy to distribute a controlled substance and for aiding and abetting a robbery, holding that the district court did not violate Defendant's…
Date: June 18, 2021
Citation: 309 Neb. 529
Docket Number: S-20-832
Justia Opinion Summary: The Supreme Court dismissed the State's appeal from a juvenile court order dismissing a supplemental petition filed after the court terminated a guardianship over which the court had expressly retained jurisdiction,…
Date: June 18, 2021
Citation: 309 Neb. 538
Docket Number: S-21-087
Date: June 11, 2021
Citation: 309 Neb. 427
Docket Number: S-20-024
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction for perjury based on testimony she gave at her husband's trial on a misdemeanor charge, holding that there was neither error nor plain error in the proceedings…
Date: June 11, 2021
Citation: 309 Neb. 455
Docket Number: S-20-565
Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Defendant's motion for a new trial, holding that there was no merit to Defendant's arguments. Defendant was convicted of first degree murder and use of…
Date: June 11, 2021
Citation: 309 Neb. 470
Docket Number: S-20-668
Justia Opinion Summary: The Supreme Court reversed the judgment of the probate court finding that an $875,000 charitable bequest to a nursing home facility lapsed and ordering the funds to be distributed to the residuary of the estate, holding…
Date: June 4, 2021
Citation: 309 Neb. 399
Docket Numbers: S-20-118, S-20-460
Date: June 4, 2021
Citation: 309 Neb. 401
Docket Number: S-20-584
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…
Date: June 4, 2021
Citation: 309 Neb. 420
Docket Number: S-21-078
Date: June 4, 2021
Citation: 309 Neb. 423
Docket Number: S-21-079
Date: May 28, 2021
Citation: 309 Neb. 320
Docket Number: S-20-330
Justia Opinion Summary: The Supreme Court reversed the order of the district court granting summary judgment for the County of Sarpy and declaring two annexation ordinances and a zoning extension ordinance adopted by the City of Gretna invalid,…
Date: May 28, 2021
Citation: 309 Neb. 338
Docket Numbers: S-20-405, S-20-406
Justia Opinion Summary: The Supreme Court reversed the orders of the district court finding that the City of Bellevue lacked authority to adopt an ordinance to annex Landowners' land, holding that the district court erred by finding that the…
Date: May 28, 2021
Citation: 309 Neb. 359
Docket Number: S-20-588
Justia Opinion Summary: The Supreme Court affirmed the decision of Nebraska's Commission of Industrial Relations (CIR) dismissing a complaint brought by a bargaining agent against a public employer for prohibited labor practices, holding that…
Date: May 28, 2021
Citation: 309 Neb. 376
Docket Number: S-20-663
Justia Opinion Summary: The Supreme Court reversed the denial of Father's motion for an order to show cause based on Mother's relocation of the parties' minor child, holding that the district court abused its discretion in denying Father's…
Date: May 28, 2021
Citation: 309 Neb. 385
Docket Number: S-20-721
Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court awarding Benjamin Melton workers' compensation benefits for a loss of foot and a partial loss of legs function after his leg was amputated below the knee,…
Date: May 21, 2021
Citation: 309 Neb. 246
Docket Number: S-20-209
Justia Opinion Summary: The Supreme Court affirmed the decree of the district court dissolving the marriage of the parties in this case, Tyron Alli and Patricia Seivert, and dividing the marital estate, holding that neither party was entitled…
Date: May 21, 2021
Citation: 309 Neb. 270
Docket Number: S-20-275
Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals reversing and vacating an award of penalties and attorney fees, holding that, for reasoning different from the court of appeals, the court of appeals did…
Date: May 21, 2021
Citation: 309 Neb. 285
Docket Number: S-20-590
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Defendant postconviction relief without holding an evidentiary hearing, holding that the district court did not err. Defendant was convicted of first…
Date: May 21, 2021
Citation: 309 Neb. 299
Docket Number: S-20-719
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court overruling Defendant's motion for absolute discharge for a violation of his statutory speedy trial rights under Neb. Rev. Stat. 29-1207, holding that the…
Date: May 21, 2021
Citation: 309 Neb. 310
Docket Number: S-20-731
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting Kathryn Tierney's post-divorce motion to determine a metes and bounds description for the parties' marital home and awarding Kathryn a 5.24-acre…
Date: May 14, 2021
Citation: 309 Neb. 179
Docket Number: S-20-317
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court excluding the expert opinion testimony of a licensed chiropractor in Nebraska that his patient sustained a traumatic brain injury in a motor vehicle…
Date: May 14, 2021
Citation: 309 Neb. 202
Docket Number: S-20-416
Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court in favor of a contractor (Contractor) against the homeowners' association (HOA) that hired it to perform repair work, holding that the district court did not…
Date: May 7, 2021
Citation: 309 Neb. 141
Docket Number: S-20-075
Justia Opinion Summary: In this construction defect case brought by homeowners against several contractors, the Supreme Court affirmed the ruling of the district court that the limitations period against each contractor began to run upon the…
Date: May 7, 2021
Citation: 309 Neb. 156
Docket Number: S-20-530
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dissolving the marriage of Daniel Cornwell and Melanie Cornwell, holding that the district court did not err in using the immediate offset method of valuation…
Date: May 7, 2021
Citation: 309 Neb. 167
Docket Number: S-20-734
Justia Opinion Summary: The Supreme Court dismissed this appeal from an order setting aside a default order modifying child support and setting the matter for a status hearing, holding that the order was not a final order. Sybil Porter filed a…
Date: April 29, 2021
Citation: 309 Neb. 85
Docket Number: S-20-425
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court quashing Appellant's application for writ of habeas corpus and dismissing Appellant's error proceeding, holding that the district court did not…
Date: April 29, 2021
Citation: 309 Neb. 98
Docket Number: S-20-457
Justia Opinion Summary: The Supreme Court reversed the judgment of the trial court dismissing this breach of contract claim filed against Streck, Inc., by one of its former shareholders, Stacy Ryan, holding that, contrary to the conclusion of…
Date: April 29, 2021
Citation: 309 Neb. 115
Docket Number: S-20-637
Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court denying Mother's request to move the children she shared with Father out of state to live with her new husband and in modifying custody, holding that the trial…
Date: April 23, 2021
Citation: 309 Neb. 1
Docket Number: S-20-044
Justia Opinion Summary: The Supreme Court reversed the order of the county court purporting to discharge the Office of Public Guardian (OPG) and appoint the ward's parents as successor coguardians over their objection, holding that the parents…
Date: April 23, 2021
Citation: 309 Neb. 21
Docket Number: S-20-312
Justia Opinion Summary: The Supreme Court affirmed the judgment of the juvenile court finding that Victor L. was not competent to be adjudicated and dismissing the State's petition alleging that Victor had been habitually truant from school and…
Date: April 23, 2021
Citation: 309 Neb. 43
Docket Number: S-20-411
Justia Opinion Summary: The Supreme Court affirmed the order of the district court affirming the decision of the Nebraska Law Enforcement Training Center (NLETC) denying Plaintiff's application to obtain certification to work in law enforcement…
Date: April 23, 2021
Citation: 309 Neb. 55
Docket Number: S-20-481
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court concluding that it lacked jurisdiction over this petition in error, holding that the district court did not err when it dismissed the petition for lack of…
Date: April 23, 2021
Citation: 309 Neb. 79
Docket Number: S-20-891
Date: April 16, 2021
Citation: 308 Neb. 916
Docket Number: S-19-913
Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying a political subdivision's motion for summary judgment in this subrogation action, holding that summary judgment was improper. Great Northern Insurance…
Date: April 16, 2021
Citation: 308 Neb. 929
Docket Numbers: S-20-118, S-20-460
Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court denying Defendant's motion for postconviction relief, holding that the arguments contained in Defendant's appeal were without merit. Defendant was convicted of…
Date: April 16, 2021
Citation: 308 Neb. 968
Docket Number: S-20-514
Justia Opinion Summary: In this quiet title action for adverse possession of a small parcel of land adjacent to parcel on which Lillie Brown's home stood, the Supreme Court affirmed the decision of the district court granting Brown's motion for…
Date: April 9, 2021
Citation: 308 Neb. 851
Docket Number: S-19-951
Justia Opinion Summary: The Supreme Court affirmed the judgment of the lower court determining the fair value of certain shares to be purchased by a corporation to be $467 million and awarding the petitioning shareholder $256 million in…
Date: April 9, 2021
Citation: 308 Neb. 895
Docket Number: S-20-385
Justia Opinion Summary: The Supreme Court reversed the order of the district court affirming the findings of the county court in this division fence dispute, holding that the county court order was a conditional order from which no appeal could…
Date: April 9, 2021
Citation: 308 Neb. 904
Docket Number: S-20-667
Justia Opinion Summary: The Supreme Court affirmed the order of the court of appeals dismissing for lack of jurisdiction Steven Clason's appeal of a district court order denying his request to quiet title to certain property in his name,…
Date: April 2, 2021
Citation: 308 Neb. 778
Docket Number: S-19-1159
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court in favor of the State in this negligence action for damages under Nebraska's State Tort Claims Act (STCA), Neb. Rev. Stat. 81-8,209 et seq., holding that the…
Date: April 2, 2021
Citation: 308 Neb. 791
Docket Number: S-19-1193
Justia Opinion Summary: The Supreme Court vacated the judgment of the district court issuing a declaratory judgment generally in favor of Plaintiffs regarding the proper construction and application of the election procedures in Neb. Rev. Stat.…
Date: April 2, 2021
Citation: 308 Neb. 801
Docket Number: S-19-1210
Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions of first degree murder and use of a firearm to commit a felony, holding that the trial court did not commit reversible error or abuse its discretion. Specifically, the…
Date: April 2, 2021
Citation: 308 Neb. 835
Docket Number: S-20-324
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court denying Appellant's motion for absolute discharge, holding that Appellant's assignment of error was both reviewable and meritorious. On appeal from the…
Date: March 26, 2021
Citation: 308 Neb. 708
Docket Number: S-19-781
Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions and sentences for second degree murder and use of a firearm to commit a felony, holding that the district court did not err in its evidentiary rulings and that there was…
Date: March 26, 2021
Citation: 308 Neb. 733
Docket Number: S-19-787
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court entered against Appellants - Conveyance Consulting Group, Inc., Jones Consulting Inc., and Jonathan Jones - holding that Appellants' claims were either waived…
Date: March 26, 2021
Citation: 308 Neb. 749
Docket Numbers: S-20-009, S-20-244
Justia Opinion Summary: The Supreme Court denied the motion for attorney fees and expenses against the State by the intervenor in a juvenile proceeding who successfully appealed a final order during the pendency of the case, holding that the…
Date: March 26, 2021
Citation: 308 Neb. 757
Docket Number: S-20-387
Justia Opinion Summary: The Supreme Court vacated the judgment of the district court ordering Mother to allow grandparent visitation and finding Mother in contempt when she refused, holding that the district court lacked subject matter…
Date: March 26, 2021
Citation: 308 Neb. 771
Docket Number: S-20-543
Justia Opinion Summary: The Supreme Court reversed the judgment of the county court determining that it lacked authority to permit adoption by a same-sex married couple, holding that the plain language of Neb. Rev. Stat. 43-101 permits a…
Date: March 19, 2021
Citation: 308 Neb. 656
Docket Number: S-19-1137
Justia Opinion Summary: The Supreme Court affirmed all of Defendant's convictions with the exception of the misdemeanor violation of carrying a concealed weapon in violation of Neb. Rev. Stat. 28-1202, which the court reversed and remanded with…
Date: March 19, 2021
Citation: 308 Neb. 692
Docket Number: S-19-1218
Justia Opinion Summary: The Supreme Court affirmed the order of the district court affirming the judgment of the Nebraska Department of Health and Human Services (DHHS) concluding that DHHS had overpaid OMNI Behavioral Health (OMNI) under a…
Date: March 19, 2021
Citation: 308 Neb. 704
Docket Number: S-20-715
Date: March 12, 2021
Citation: 308 Neb. 597
Docket Numbers: S-20-336, S-20-338
Justia Opinion Summary: In these consolidated appeals, the Supreme Court affirmed the district court's dismissal of separate actions challenging the Nebraska Department of Health and Human Services' (DHHS) denial of an administrative appeal…
Date: March 12, 2021
Citation: 308 Neb. 610
Docket Number: S-20-361
Justia Opinion Summary: The Supreme Court affirmed the order of the district court affirming the decision of the State Personnel Board determining that an award of "front pay," commonly viewed as money awarded in lieu of employment…
Date: March 12, 2021
Citation: 308 Neb. 623
Docket Number: S-20-428
Justia Opinion Summary: The Supreme Court affirmed the order of the district court finding that the divorce decree in this case required Father to pay for his daughter's college education and automobile, holding that there was no merit to…
Date: March 12, 2021
Citation: 308 Neb. 636
Docket Number: S-20-635
Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Defendant's pro se motion for postconviction relief without holding an evidentiary hearing, holding that Defendant's claims were all either procedurally…
Date: March 5, 2021
Citation: 308 Neb. 538
Docket Number: S-19-1116
Justia Opinion Summary: The Supreme Court affirmed the order of the district court granting summary judgment to Defendants in this wrongful death action, holding that the district court properly found that Defendants owed no legal duty under…
Date: March 5, 2021
Citation: 308 Neb. 571
Docket Number: S-20-253
Justia Opinion Summary: The Supreme Court reversed the order of the district court granted summary judgment to Defendants in this medical malpractice action, holding that the district court erred in excluding certain testimony. Joaquin Rojas…
Date: March 5, 2021
Citation: 308 Neb. 587
Docket Number: S-20-335
Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Defendant's motion for postconviction relief, holding that the district court did not err in dismissing the motion for postconviction relief. Defendant…
Date: February 26, 2021
Citation: 308 Neb. 482
Docket Number: S-20-240
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant of possession of a controlled substance and two counts of carrying a concealed weapon, holding that there was no merit to Defendant's…
Date: February 26, 2021
Citation: 308 Neb. 499
Docket Number: S-20-283
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Defendant's motion for postconviction relief after an evidentiary hearing, holding that the district court did not err in finding that trial counsel…
Date: February 26, 2021
Citation: 308 Neb. 511
Docket Number: S-20-429
Justia Opinion Summary: The Supreme Court affirmed the order of the district court dismissing Defendant's motion for a new trial based on newly discovered evidence, holding that the district court did not err in dismissing the motion pursuant…
Date: February 26, 2021
Citation: 308 Neb. 527
Docket Numbers: S-20-585, S-20-586, S-20-587
Justia Opinion Summary: The Supreme Court affirmed in part and vacated in part the sentences imposed upon Defendant for his plea-based convictions for one Class IIA felony and three Class IV felonies, holding that Defendant's three sentences…
Date: February 19, 2021
Citation: 308 Neb. 443
Docket Number: S-19-240
Justia Opinion Summary: The Supreme Court reversed the judgment of the court of appeals affirming the district court's denials of Defendant's motions for mistrial and new trial, holding that the district court erred in failing to hold an…
Date: February 19, 2021
Citation: 308 Neb. 460
Docket Number: S-20-271
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court finding that State Farm Fire & Casualty Company had no obligation to defend or indemnify TFG Enterprises, LLC and its principal, Jeffrey Leonard, in a…
Date: February 19, 2021
Citation: 308 Neb. 468
Docket Number: S-20-445
Justia Opinion Summary: The Supreme Court affirmed Defendant's sentences in both a 2016 criminal case and a 2018 criminal case, holding that the district court did not err in its award of credit for time served. In the first criminal…
Date: February 19, 2021
Citation: 308 Neb. 478
Docket Number: S-20-814
Date: February 12, 2021
Citation: 308 Neb. 373
Docket Number: S-19-1058
Justia Opinion Summary: The Supreme Court affirmed the opinion of the court of appeals reversing the judgment of the district court denying Father's motion to modify parenting time, holding that the district court abused its discretion. At…
Date: February 12, 2021
Citation: 308 Neb. 397
Docket Number: S-20-254
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing Appellant's complaint to modify the parties' divorce decree and parenting plan with the ultimate objective of allowing her to move with the…
Date: February 12, 2021
Citation: 308 Neb. 405
Docket Number: S-20-281
Justia Opinion Summary: The Supreme Court affirmed the decision of the county court declining to approve a nonjudicial settlement agreement, holding that the agreement violated a material purpose of the trust, of which Appellant was a…
Date: February 12, 2021
Citation: 308 Neb. 415
Docket Number: S-20-342
Justia Opinion Summary: The Supreme Court affirmed the judgment of the juvenile court adjudicating Prince R. as a child who lacked proper parental care by reason of the fault or habits of his parents, holding that the juvenile court did not…
Date: February 12, 2021
Citation: 308 Neb. 433
Docket Number: S-20-353
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court evicting Defendant from a property and quieting title to it in Plaintiff, Defendant's former husband's corporation (the corporation) but awarding Plaintiff a…
Date: February 5, 2021
Citation: 308 Neb. 312
Docket Number: S-19-1163
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of possession of a firearm by a prohibited person, possession of a controlled substance, and possession of marijuana, holding that the district court did not err in…
Date: February 5, 2021
Citation: 308 Neb. 331
Docket Number: S-19-1226
Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions and sentences for five counts of robbery, five counts of use of a weapon to commit a felony, one count of second-degree assault, and one count of attempted escape,…
Date: February 5, 2021
Citation: 308 Neb. 361
Docket Number: S-20-318
Justia Opinion Summary: The Supreme Court dismissed Defendant's appeal of her sentence of probation stemming from her conviction of one count of possession of a controlled substance, holding that the Court lacked jurisdiction to hear this…
Date: January 29, 2021
Citation: 308 Neb. 259
Docket Number: S-19-1195
Justia Opinion Summary: The Supreme Court affirmed the district court's order granting summary judgment in favor of Douglas County and dismissing Plaintiff's suit brought under the Political Subdivisions Tort Claims Act (PSTCA), Neb. Rev. Stat.…
Date: January 29, 2021
Citation: 308 Neb. 257
Docket Number: S-19-132
Date: January 29, 2021
Citation: 308 Neb. 294
Docket Number: S-20-313
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant of driving under the influence, second offense, and speeding and operating a vehicle without a driver's license, holding that the Court…
Date: January 29, 2021
Citation: 308 Neb. 301
Docket Number: S-20-417
Justia Opinion Summary: The Supreme Court affirmed the order of the trial court finding that there was good cause to extend or continue a harassment protection order against Defendant, holding that Defendant's assignments of error were without…
Date: January 22, 2021
Citation: 308 Neb. 210
Docket Number: S-19-1104
Justia Opinion Summary: The Supreme Court reversed the order of the county court disallowing a claim filed by the Nebraska Department of Revenue for unpaid lifetime Nebraska income taxes and remanded the cause for further proceedings, holding…
Date: January 22, 2021
Citation: 308 Neb. 224
Docket Numbers: S-20-193, S-20-196, S-20-198, S-20-205
Justia Opinion Summary: In this case stemming from a fire that destroyed part of the Old Market area in Omaha the Supreme Court affirmed the judgment of the district court finding that the Metropolitan Utilities District (MUD) was not immune…
Date: January 22, 2021
Citation: 308 Neb. 240
Docket Number: S-20-340
Justia Opinion Summary: In this estate settlement action, the Supreme Court dismissed the appeal of the county court's dismissal of Matthew Larson's objection to a proposed schedule of distribution, holding that this Court lacked jurisdiction…
Date: January 22, 2021
Citation: 308 Neb. 249
Docket Number: S-20-480
Date: January 22, 2021
Citation: 308 Neb. 253
Docket Number: S-20-762
Date: January 15, 2021
Citation: 308 Neb. 159
Docket Number: S-19-1179 through S-19-1183
Justia Opinion Summary: In these consolidated criminal appeals, the Supreme Court declined to reach the merits of Appellant's arguments and dismissed the appeals for lack of jurisdiction, holding that Appellant's appeals were not perfected…
Date: January 15, 2021
Citation: 308 Neb. 169
Docket Number: S-20-148
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of violating a domestic abuse protection order, holding that the district court did not err in affirming the county court's denial of Defendant's motion for new…
Date: January 15, 2021
Citation: 308 Neb. 188
Docket Number: S-20-176
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court concluding that income taxpayers did not meet their burden of proof that they abandoned their domicile in Nebraska and acquired a domicile in the United…
Date: January 15, 2021
Citation: 308 Neb. 202
Docket Number: S-20-257
Justia Opinion Summary: The Supreme Court affirmed an order of modification, holding that Appellant was not entitled to assign error to a consent judgment that reflected her negotiated agreement and that was entered at her request. In 2010,…
Date: January 8, 2021
Citation: 308 Neb. 84
Docket Number: S-19-300
Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals affirming Defendant's conviction of two counts of possession of a controlled substance, holding that the district court erred in denying Defendant's motion…
Date: January 8, 2021
Citation: 308 Neb. 107
Docket Number: S-20-170
Justia Opinion Summary: The Supreme Court affirmed the order of the Nebraska Workers' Compensation Court on remand appointing an employee's "Form 50" physician and clarifying that it was not ordering a review of the employee's treatment…
Date: January 8, 2021
Citation: 308 Neb. 117
Docket Number: S-20-235
Justia Opinion Summary: The Supreme Court affirmed the judgment of the county court determining as a matter of law that testator Michael R. Brinkman's will was ambiguous with regard to the status of his daughter, Nicole Brinkman, and that…
Date: January 8, 2021
Citation: 308 Neb. 128
Docket Number: S-20-239
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court finding in favor of the plaintiff subdivision in this dispute between two subdivisions, holding that the defendant subdivision's assignments of error were…
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