Nebraska Supreme Court Decisions 2021

State ex rel. Daphnie F. v. Christina C.  
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...

State v. Hill  
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 limita...

de Vries v. L & L Custom Builders, Inc.  
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 w...

Williams v. State  
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 Plain...

State v. Hofmann  
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 meri...

Seid v. Seid  
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...

State v. Johnson  
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...

State v. Betancourt-Garcia  
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 h...

State v. Newman  
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...

State v. Stricklin  
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 hi...

Abbott v. City of Bellevue  
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...

State v. Gnanaprakasam  
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 wi...

In re Estate of Lakin -- supplemental opinion
Date: November 19, 2021
Citation: 310 Neb. 389
Docket Numbers: S-20-093, S-20-094
State v. Wood  
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...

State v. Morton  
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 mansla...

State v. Taylor  
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 o...

Kauk v. Kauk  
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...

Keiser v. Keiser  
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 th...

Moore v. Nebraska Accountability & Disclosure Commission  
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 tru...

State v. Brown  
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...

In re Estate of Lakin  
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 an...

Eis v. Eis  
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...

State ex rel. Counsel for Dis. v. Pearson
Date: October 1, 2021
Citation: 310 Neb. 256
Docket Number: S-20-741
State v. Riessland  
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 spee...

In re Estate of Beltran  
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...

Preserve of the Sandhills, LLC v. Cherry County  
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, h...

Vanderveer v. Vanderveer  
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...

State v. Brown  
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...

State v. Short  
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 Defendan...

Hauptman, O'Brien, Wolf & Lathrop, P.C. v. Auto-Owners Insurance Co.  
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...

State v. Jacob - supplemental opinion
Date: September 17, 2021
Citation: 310 Neb. 157
Docket Number: S-20-584
State v. Chase  
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 tria...

In re Estate of Giventer  
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...

State v. Britt  
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 U....

Marr v. West Corp.  
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...

State ex rel. Peterson v. Shively  
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, ho...

State ex rel. Counsel for Dis. v. Young
Date: August 20, 2021
Citation: 310 Neb. 18
Docket Number: S-21-471
VKGS, LLC v. Planet Bingo, LLC  
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...

Stone Land & Livestock Co. v. HBE, LLP  
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 constitut...

Baker-Heser v. State  
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 Facil...

Davis v. Ridder  
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 defendan...

Chambers v. Bringenberg  
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...

City of Omaha v. Professional Firefighters Ass'n  
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...

Lindblad v. Lindblad  
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 discreti...

Malousek v. Meyer  
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 h...

Big Blue Express v. Nebraska Department of Revenue  
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...

State v. Coomes  
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...

Whittle v. State  
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...

Lewis v. MBC Construction Co.  
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 co...

Main St Properties LLC v. City of Bellevue  
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. Stat...

Beckner v. Urban  
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...

Bohling v. Bohling  
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 B...

State v. Hassan  
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 three...

Guenther v. Walnut Grove Hillside Condominium Regime No. 3, Inc.  
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...

State v. Greer  
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 distri...

In re William R. Zutavern Revocable Trust  
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 stand...

In re Interest of Mateo L.  
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 h...

Sanitary & Improvement District No. 67 v. State  
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...

State v. Billingsley  
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...

Peterson v. Jacobitz  
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...

State v. Comacho  
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 righ...

In re Interest of Mekhi 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, hold...

State ex rel. Counsel for Dis. v. Primmer
Date: June 18, 2021
Citation: 309 Neb. 538
Docket Number: S-21-087
State v. Childs  
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 below. Sp...

State v. Duncan  
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...

In re Estate of Akerson  
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...

State v. Malone (supplemental opinion)
Date: June 4, 2021
Citation: 309 Neb. 399
Docket Numbers: S-20-118, S-20-460
State v. Jacob  
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...

State ex rel. Counsel for Dis. v. Wickham
Date: June 4, 2021
Citation: 309 Neb. 420
Docket Number: S-21-078
State ex rel. Counsel for Dis. v. Bowers
Date: June 4, 2021
Citation: 309 Neb. 423
Docket Number: S-21-079
County of Sarpy v. City of Gretna  
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,...

Darling Ingredients Inc. v. City of Bellevue  
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 an...

Fraternal Order of Police v. City of York  
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 t...

Vyhlidal v. Vyhlidal  
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 moti...

Melton v. City of Holdrege  
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, holdin...

Seivert v. Alli  
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 t...

Boring v. Zoetis LLC  
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 no...

State v. Munoz  
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...

State v. Hernandez  
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 dist...

Tierney v. Tierney  
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 parc...

Yagodinski v. Sutton  
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 collision...

McGill Restoration v. Lion Place Condominium Association  
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 err...

McCaulley v. C L Enterprises, Inc.  
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 su...

Cornwell v. Cornwell  
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...

Porter v. Porter  
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...

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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