Nebraska Supreme Court Decisions 2021

Tyrrell v. Frakes  
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 err. Appellan...

Ryan v. Streck, Inc.  
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 t...

Korth v. Korth  
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 c...

In re Guardianship of Nicholas H.  
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...

In re Interest of Victor L.  
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...

Swicord v. Police Standards Advisory Council  
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...

Champion v. Hall County  
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 jur...

State ex rel. Counsel for Dis. v. Birch
Date: April 23, 2021
Citation: 309 Neb. 79
Docket Number: S-20-891
Great Northern Insurance Co. v. Transit Authority of Omaha  
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 C...

State v. Malone  
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...

Brown v. Morello  
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...

Wayne L. Ryan Revocable Trust v. Ryan  
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 prejudg...

Evert v. Srb  
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...

Clason v. LOL Investments, LLC  
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, holdin...

Wizinsky v. State  
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...

Sanitary Improvement District No. 2 of Knox County v. Fischer  
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....

State v. Figures  
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...

State v. Jennings  
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 den...

State v. Wheeler  
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...

Eletech, Inc. v. Conveyance Consulting Group, Inc.  
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...

In re Interest of A.A.  
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 St...

Davis v. Moats  
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 jurisdic...

In re Adoption of Yasmin S.  
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 same-s...

State v. Warlick  
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...

OMNI Behavioral Health v. State  
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 con...

State ex rel. Counsel for Dis. v. Beauvais
Date: March 19, 2021
Citation: 308 Neb. 704
Docket Number: S-20-715
Colwell v. Managed Care of North America  
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 hea...

Christopherson v. Nebraska Dept. of Health & Human Servs.  
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 reinstatemen...

Johnson v. Johnson  
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 Fathe...

State v. Stelly  
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...

Rodriguez v. Lasting Hope Recovery Center  
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 th...

Gonzales v. Nebraska Pediatric Practice  
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 w...

State v. Combs  
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...

State v. Lowman  
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 cla...

State v. Russell  
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 w...

State v. Hill  
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 t...

State v. Starks  
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 fo...

State v. Madren  
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 eviden...

State Farm Fire & Casualty Co. v. TFG Enterprises, LLC  
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 lawsuit...

State v. Wines  
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 proceedi...

State ex rel. Counsel for Dis. v. Bruno
Date: February 19, 2021
Citation: 308 Neb. 478
Docket Number: S-20-814
Weaver v. Weaver  
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 iss...

Hogan v. Hogan  
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 parties...

In re Trust Created by McGregor  
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 beneficia...

In re Prince R.  
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 err...

Dreesen Enterprises, Inc. v. Dreesen  
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...

State v. Thomas  
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 denyi...

State v. Johnson  
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, holdi...

State v. Reames  
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 matte...

Garrison v. Otto
Date: February 5, 2021
Citation: 308 Neb. 372
Docket Number: S-20-386
Edwards v. Douglas County  
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....

Dick v. Koski Prof. Group - supplemental opinion
Date: January 29, 2021
Citation: 308 Neb. 257
Docket Number: S-19-132
State v. Catlin  
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 c...

Hawkins v. Delgado  
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...

In re Estate of Loder  
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 t...

Mercer v. North Central Service, Inc.  
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 fr...

In re Estate of Larson  
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 t...

State ex rel. Counsel for Dis. v. Nowak
Date: January 22, 2021
Citation: 308 Neb. 249
Docket Number: S-20-480
State ex rel. Counsel for Dis. v. Palagi
Date: January 22, 2021
Citation: 308 Neb. 253
Docket Number: S-20-762
State v. Melton  
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 with...

State v. Bartel  
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 trial. I...

Houghton v. Nebraska Department of Revenue  
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 Kingd...

Mahlendorf v. Mahlendorf  
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, t...

State v. Briggs  
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...

Rogers v. Jack's Supper Club  
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 regimen...

In re Estate of Brinkman  
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 Nicol...

Equestrian Ridge Homeowners Ass'n v. Equestrian Ridge Estates II Homeowners Ass'n  
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 wit...

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