Nebraska Supreme Court Decisions 2022

Heist v. Neb. Dep't of Corrections  
Date: September 23, 2022
Citation: 312 Neb. 480
Docket Number: S-20-813

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing Petitioner's petition for declaratory judgment under the Administrative Procedure Act and Nebraska's Uniform Declaratory Judgments Act, holding…

Kingery Construction Co. v. 6135 O Street Car Wash, LLC  
Date: September 23, 2022
Citation: 312 Neb. 502
Docket Number: S-21-797

Justia Opinion Summary: The Supreme Court reversed the decision of the district court finding that Plaintiff did not waive its right to arbitration by its litigation-related conduct, holding that reversal was required in light of Morgan v.…

Dietzel Enterprises, Inc. v. J. A. Wever Construction, LLC  
Date: September 16, 2022
Citation: 312 Neb. 426
Docket Number: S-21-106

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the district court finding that Dietzel Enterprises, Inc. (Dietzel) was the first party to materially breach a contract between Dietzel and J.A.…

State v. Space  
Date: September 16, 2022
Citation: 312 Neb. 456
Docket Number: S-21-837

Justia Opinion Summary: The Supreme Court overruled the exception filed by the State in this exception proceeding after the district court granted Defendant's motion for absolute discharge, holding that there was no merit to the State's…

In re Margaret L. Matthews Revocable Trust  
Date: September 9, 2022
Citation: 312 Neb. 381
Docket Number: S-21-507

Justia Opinion Summary: The Supreme Court affirmed the judgment of the county court denying Nebraska Synod (Synod) of the Evangelical Lutheran Church in America's complaint in intervention after a county court determined that the Synod was not…

Dutcher v. Nebraska Dep't of Correctional Services  
Date: September 9, 2022
Citation: 312 Neb. 405
Docket Number: S-21-740

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court finding that the exclusivity provisions of the Nebraska Workers' Compensation Act (the Act), Neb. Rev. Stat. 48-101 to 48-1,117 barred the claim of an…

State v. Greer  
Date: September 2, 2022
Citation: 312 Neb. 351
Docket Number: S-21-601

Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions relating to allegations of sexual assault of a child, holding that Defendant was not entitled to relief on her assignments of error. After a jury trial, Defendant was…

Great Plains Livestock Consulting, Inc. v. Midwest Insurance Exchange, Inc.  
Date: September 2, 2022
Citation: 312 Neb. 367
Docket Number: S-21-722

Justia Opinion Summary: The Supreme Court reversed the order of the district court dismissing the complaint brought by Great Plains Livestock Consulting, Inc. and its president (collectively, Great Plains) against Midwest Insurance Exchange,…

Mann v. Mann  
Date: August 26, 2022
Citation: 312 Neb. 275
Docket Number: S-19-1194

Justia Opinion Summary: The Supreme Court vacated the decision of the court of appeals concluding that an order of partial summary judgment entered in the underlying proceeding to modify custody and child support was immediately appealable as a…

Carrizales v. Creighton St. Joseph  
Date: August 26, 2022
Citation: 312 Neb. 296
Docket Number: S-21-150

Justia Opinion Summary: In this medical malpractice action, the Supreme Court affirmed the decision of the district court granting summary judgment in favor of defendant-doctors after granting a motion to strike Plaintiff's expert witness,…

State v. Lessley  
Date: August 26, 2022
Citation: 312 Neb. 316
Docket Number: S-21-768

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Defendant's motion for postconviction relief without an evidentiary hearing, holding that the district court properly found that Defendant's claims…

Mid America Agri Products v. Perkins County Bd. of Equalization  
Date: August 26, 2022
Citation: 312 Neb. 341
Docket Number: S-21-944

Justia Opinion Summary: The Supreme Court affirmed the order of the Tax Equalization and Review Commission (TERC) affirming the judgment of the Perkins County Board of Equalization dismissing a 2021 property valuation protest brought by Mid…

State v. Moore  
Date: August 19, 2022
Citation: 312 Neb. 263
Docket Number: S-21-755

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court overruling Appellant's motion for discharge for an alleged violation of Nebraska's speedy trial statutes, holding that there was no error in the overruling of…

Florence Lake Investments v. Berg  
Date: August 12, 2022
Citation: 312 Neb. 183
Docket Number: S-21-350

Justia Opinion Summary: The Supreme Court held that the Employee Retirement Income Security Act of 1974 (ERISA), 19 U.S.C. 1001 et seq., and in particular, ERISA's anti-alienation statute, shields a 401K plan administrator from state…

Kozal v. Snyder  
Date: August 12, 2022
Citation: 312 Neb. 208
Docket Number: S-21-377

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting summary judgment in favor of in favor of Defendants and dismissing Plaintiffs' legal malpractice action on the grounds that Defendants did not breach…

State v. Cerros  
Date: August 12, 2022
Citation: 312 Neb. 230
Docket Number: S-21-527

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction for manslaughter, with reckless driving as the predicate unlawful act, holding that Defendant's claims on appeal were without merit. Specifically, the Supreme Court held…

Ramaekers v. Creighton University  
Date: August 12, 2022
Citation: 312 Neb. 248
Docket Number: S-21-848

Justia Opinion Summary: The Supreme Court dismissed this appeal from a district court's order denying injunctive relief, holding that this Court lacked jurisdiction to hear the appeal. Plaintiffs were ten students at Creighton University who…

Zook v. Zook  
Date: August 5, 2022
Citation: 312 Neb. 128
Docket Number: S-21-176

Justia Opinion Summary: The Supreme Court dismissed in part, vacated in part, and reversed in part the judgment of the district court in favor of Plaintiffs in this lawsuit alleging negligence, unjust enrichment, and seeking a constructive…

Simons v. Simons  
Date: August 5, 2022
Citation: 312 Neb. 136
Docket Number: S-21-599

Justia Opinion Summary: In this dissolution action governed bay a premarital agreement the Supreme Court affirmed the decree in all respects with the exception of the court's itemization of a truck as part of the marital estate, which the court…

Elbert v. Young  
Date: July 29, 2022
Citation: 312 Neb. 58
Docket Number: S-21-211

Justia Opinion Summary: The Supreme Court affirmed the order of the district court granting summary judgment to Keating, O'Gara, Nebved & Peter, LLC (collectively, KONP) after finding that Plaintiff's defamation claim was not supported by…

State v. Abligo  
Date: July 29, 2022
Citation: 312 Neb. 74
Docket Number: S-21-457

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of one count of first degree sexual assault and sentence of four to ten years' imprisonment, holding that each of Defendant's assignments of error was without merit. On…

In re Masek Family Trust  
Date: July 29, 2022
Citation: 312 Neb. 94
Docket Number: S-21-552

Justia Opinion Summary: The Supreme Court reversed the judgment of the county court finding that Appellants had committed breach of trust and had taken trust assets and ordering damages against Appellants by default judgment, holding that the…

In re Guardianship of Jill G.  
Date: July 29, 2022
Citation: 312 Neb. 108
Docket Number: S-21-586

Justia Opinion Summary: The Supreme Court affirmed the judgment of the county court dismissing Appellant's petition for appointment of a guardian over her daughter, Appellee, holding that the county court did not err in excluding a report…

State v. Warner  
Date: July 29, 2022
Citation: 312 Neb. 116
Docket Number: S-21-733

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Defendant's motion to withdraw his no contest pleas to six felony charges, holding that there was no error. After the district court accepted…

Schaaf v. Schaaf  
Date: July 22, 2022
Citation: 312 Neb. 1
Docket Number: S-21-251

Justia Opinion Summary: The Supreme Court reversed the findings entered by the district court upon the court's determination that this case had been improperly reinstated after the district court voluntarily dismissed their case without…

State v. Miller  
Date: July 22, 2022
Citation: 312 Neb. 17
Docket Number: S-21-343

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction and sentence for driving under the influence (DUI), fourth offense, and driving during revocation, second offense, holding that there was no merit to Defendant's assigned…

Gelco Fleet Trust v. Neb. Dep't of Revenue  
Date: July 22, 2022
Citation: 312 Neb. 49
Docket Number: S-21-616

Justia Opinion Summary: The Supreme Court affirmed the district court's judgment affirming the Nebraska Department of Revenue's denial of Gelco Fleet Trust's claim for a refund on sales tax it allegedly overpaid on the purchase price of a new…

State v. Anders  
Date: July 15, 2022
Citation: 311 Neb. 958
Docket Number: S-21-413

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant of first-degree sexual assault and his sentence of twenty-five to thirty years' imprisonment, holding that Defendant was not entitled to…

State v. Thomas  
Date: July 15, 2022
Citation: 311 Neb. 989
Docket Number: S-21-551

Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions and sentences resulting from his no contest pleas to charges of conspiracy to commit robbery and conspiracy to commit burglary, holding that Defendant was not entitled…

State v. Roth  
Date: July 15, 2022
Citation: 311 Neb. 1007
Docket Number: S-21-792

Justia Opinion Summary: The Supreme Court vacated the order of the the district court revoking Defendant's probation and sentencing him to three years of imprisonment, holding that the district court plainly erred in failing to impose mandatory…

State v. Keadle  
Date: July 8, 2022
Citation: 311 Neb. 919
Docket Number: S-20-580

Justia Opinion Summary: The Supreme Judicial Court affirmed Defendant's conviction of second degree murder and his sentence of imprisonment for a term of seventy-one years to life, holding that the evidence adduced at trial was sufficient to…

North Star Mutual Insurance Co. v. Miller  
Date: July 8, 2022
Citation: 311 Neb. 941
Docket Number: S-21-505

Justia Opinion Summary: In this insurance dispute, the Supreme Court affirmed in part, vacated in part and reversed in part the decision of the district court granting summary judgment in favor of North Star Mutual Insurance Company and against…

State v. Lotter  
Date: July 1, 2022
Citation: 311 Neb. 878
Docket Numbers: S-20-363, S-20-366, S-20-367

Justia Opinion Summary: The Supreme Court affirmed the judgment the district court denying postconviction relief sought by Defendant without conducting an evidentiary hearing, holding that the district court did not abuse its discretion by…

Choice Homes v. Donner  
Date: June 24, 2022
Citation: 311 Neb. 835
Docket Number: S-21-572

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court finding that the Nebraska Real Estate License Act, Neb. Rev. Stat. 81-885.01 to 81-885.55, barred Choice Homes, LLC's claims regarding a failed purchase…

State v. Ellis  
Date: June 24, 2022
Citation: 311 Neb. 862
Docket Number: S-21-595

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying postconviction relief sought by Appellant, holding that Appellant was not entitled to relief on his claims of error. After a jury trial, Appellant…

Williams v. Williams  
Date: June 17, 2022
Citation: 311 Neb. 772
Docket Number: S-21-180

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals summarily dismissing Appellant's appeal from the order of the district court that dismissed her amended complaint for grandparent visitation, holding that…

Tegra Corp. v. Boeshart  
Date: June 17, 2022
Citation: 311 Neb. 783
Docket Number: S-21-547

Justia Opinion Summary: The Supreme Court dismissed this appeal from the order of the district court finding that the recommendation of a single-member special litigation committee, which was appointed to investigate and determine whether it…

In re Application No. P-12.32 of Black Hills Nebraska Gas, LLC  
Date: June 17, 2022
Citation: 311 Neb. 813
Docket Number: S-21-620

Justia Opinion Summary: The Supreme Court affirmed the order of the Public Service Commission (PSC), which approved the application of Black Hills Nebraska Gas, LLC seeking an enlargement or extension of its natural gas mains in Sarpy County,…

State v. McGovern  
Date: June 10, 2022
Citation: 311 Neb. 705
Docket Number: S-21-144

Justia Opinion Summary: Kearney Officer Newell, dispatched to an apartment, spoke with J.S., who reported that upon leaving his garden-level apartment, he saw a man crouched down by a window to the apartment’s bathroom. J.S. did not mention…

In re Appeal of Z.H.  
Date: June 10, 2022
Citation: 311 Neb. 746
Docket Number: S-21-232

Justia Opinion Summary: Z.H. completed law school in 2000. In 2019 and 2020, Z.H. took the Nebraska bar examination but did not pass. Because of rheumatoid arthritis that limits her mobility, Z.H. received accommodations, but not all of the…

In re Estate of Anderson  
Date: June 10, 2022
Citation: 311 Neb. 758
Docket Number: S-21-864

Justia Opinion Summary: Collins filed an application for informal probate of the decedent's will. The submitted will disinherited the decedent’s children, devised most of the estate to Collins, and appointed Collins as personal representative.…

Ag Valley Co-operative v. Servinsky Engineering, PLLC  
Date: June 3, 2022
Citation: 311 Neb. 665
Docket Number: S-20-709

Justia Opinion Summary: The Supreme Court affirmed the the district court's grant of summary judgment against the owner of a premanufactured grain bin that collapsed and dismissal of other claims, holding that there was no merit to any of the…

State v. Webb  
Date: June 3, 2022
Citation: 311 Neb. 694
Docket Number: S-21-356

Justia Opinion Summary: The Supreme Court affirmed in part and dismissed in part an order of the district court affirming the county court's decision to overrule Defendant's motion for absolute discharge on statutory and constitutional speedy…

Humphrey v. Smith  
Date: May 27, 2022
Citation: 311 Neb. 632
Docket Number: S-21-131

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the district court granting Barbara Humphrey's motion for summary judgment as to partition of certain property and denying both parties' motions for…

State v. Garcia  
Date: May 27, 2022
Citation: 311 Neb. 648
Docket Number: S-21-361

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant of first degree sexual assault, holding that there was no error in the proceedings below. On appeal, Defendant argued that the district…

Kane v. Kane  
Date: May 27, 2022
Citation: 311 Neb. 657
Docket Number: S-21-737

Justia Opinion Summary: The Supreme Court vacated the judgment of the district court dismissing Appellant's petition to establish grandparent visitation with her minor grandchildren for lack of subject matter jurisdiction, holding that the…

Badawi v. Albin  
Date: May 20, 2022
Citation: 311 Neb. 603
Docket Number: S-21-650

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court affirming the determination of the Nebraska Department of Labor that Appellant was disqualified from receiving unemployment benefits for fourteen weeks after…

State v. $18,000  
Date: May 20, 2022
Citation: 311 Neb. 621
Docket Number: S-21-660

Justia Opinion Summary: The Supreme Court affirmed the order of the district court that $18,000 in cash be forfeited to the State after finding that the State had shown by clear and convincing evidence that the cash was used or intended to be…

State ex rel. Counsel for Dis. v. Panick
Date: May 20, 2022
Citation: 311 Neb. 627
Docket Number: S-21-709
State ex rel. Counsel for Dis. v. Castrejon
Date: May 13, 2022
Citation: 311 Neb. 560
Docket Number: S-20-825
Nieveen v. TAX 106  
Date: May 13, 2022
Citation: 311 Neb. 574
Docket Number: S-21-364

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court finding that Plaintiff did not qualify for an extended redemption period under Neb. Rev. Stat. 77-1827 and that the tax certificate sale process at issue in…

In re Interest of Xandria P.  
Date: May 13, 2022
Citation: 311 Neb. 591
Docket Number: S-21-500

Justia Opinion Summary: The Supreme Court affirmed the judgment of the county court adjudicating Xandria P. as a juvenile under Neb. Rev. Stat. 43-247(3)(a), holding that there was no merit to the appeal. The court's order of adjudication…

State v. Cooke  
Date: May 6, 2022
Citation: 311 Neb. 511
Docket Number: S-21-320

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of second degree murder and sentence of a period of incarceration of no less than sixty years and no more than life, holding that Defendant was not entitled to relief on…

Dion v. City of Omaha  
Date: May 6, 2022
Citation: 311 Neb. 522
Docket Number: S-21-545

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court in this case arising from the death of a television crew member who was shot and killed while filming law enforcement activities at the scene of a robbery…

Barnett v. Happy Cab Co.  
Date: April 28, 2022
Citation: 311 Neb. 464
Docket Number: S-21-407

Justia Opinion Summary: The Supreme Judicial Court vacated the order of the district court requiring Jeremy Barnett to repay funds he received in a personal injury lawsuit and the order dismissing Barnett's case for failing to do so, holding…

Wilkinson Development, Inc. v. Ford & Ford Investments  
Date: April 28, 2022
Citation: 311 Neb. 476
Docket Number: S-21-496

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying a motion to vacate a decree of specific performance that also sought an order of joinder, holding the there was no error. Wilkinson Development, Inc.…

State v. Knight  
Date: April 28, 2022
Citation: 311 Neb. 485
Docket Number: S-21-544

Justia Opinion Summary: The Supreme Court vacated the portion of a resentencing order that revoked Defendant's post-release supervision and incarcerated him in the county jail for a term of nine months, holding that the court erred in denying…

Vyhlidal v. Vyhlidal  
Date: April 28, 2022
Citation: 311 Neb. 495
Docket Number: S-21-736

Justia Opinion Summary: The Supreme Court reversed the order of the district court declining Father's request for a contempt citation after Mother moved the parties' child to another school in a district town without obtaining a modification of…

Gray v. Frakes  
Date: April 22, 2022
Citation: 311 Neb. 409
Docket Number: S-21-257

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing Appellant's amended petition seeking a writ of mandamus claiming that the Nebraska Department of Correctional Services (DCS) incorrectly calculated…

State v. Pauly  
Date: April 22, 2022
Citation: 311 Neb. 418
Docket Numbers: S-21-401, S-21-409

Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions of four counts of first degree sexual assault and his sentence of concurrent terms of five years' probation for each conviction, holding that there was no error. The…

Bogue v. Gills  
Date: April 22, 2022
Citation: 311 Neb. 445
Docket Number: S-21-610

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting summary judgment in favor of Christopher Gillis and dismissing the claim brought by Lori and Robert Bogue that, as a result of negligence during a…

Pope v. Department of Motor Vehicles - supplemental opinion
Date: April 15, 2022
Citation: 311 Neb. 350
Docket Number: S-21-206
In re Estate of Larson  
Date: April 15, 2022
Citation: 311 Neb. 352
Docket Number: S-21-290

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the county court approving the schedule of distribution for the estate of Blain Larson, holding that the court erred in charging inheritance tax to…

State v. Brunsen  
Date: April 15, 2022
Citation: 311 Neb. 368
Docket Number: S-21-354

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying a petition to set aside a conviction pursuant to Neb. Rev. Stat. 29-2264, holding that the district court did not abuse its discretion in denying…

State v. Cullen  
Date: April 15, 2022
Citation: 311 Neb. 383
Docket Number: S-21-447

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 denying the motion for postconviction relief without an…

State ex rel. Counsel for Dis. v. Owen
Date: April 15, 2022
Citation: 311 Neb. 403
Docket Number: S-21-538
State v. Surber  
Date: April 8, 2022
Citation: 311 Neb. 320
Docket Number: S-20-856

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of first degree murder, use of a firearm to commit a felony, and possession of a firearm by a prohibited person, holding that Defendant failed to show that he was…

Evans v. Freedom Healthcare, LLC  
Date: April 8, 2022
Citation: 311 Neb. 336
Docket Number: S-21-494

Justia Opinion Summary: The Supreme Court reversed the order of the district court granting summary judgment in favor of Freedom Healthcare, LLC in this medical malpractice action, holding that the record presented genuine issues of material…

State v. Worthman  
Date: April 1, 2022
Citation: 311 Neb. 284
Docket Number: S-21-330

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the district court finding Defendant guilty of possession of a controlled substance with intent to distribute and sentencing him to a term of imprisonment, holding that…

State v. Zimmer  
Date: April 1, 2022
Citation: 311 Neb. 294
Docket Number: S-21-352

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court affirming the county court's denial of Defendant's motion for a return of his seized firearm, holding that the lower courts erred. Law enforcement officers…

State v. Buckman  
Date: April 1, 2022
Citation: 311 Neb. 304
Docket Number: S-21-399

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court sustaining the State's motion to dismiss this action brought by Defendant seeking DNA testing, holding that there was no error. In 1988, a jury convicted…

State v. Drake  
Date: March 25, 2022
Citation: 311 Neb. 219
Docket Number: S-21-179

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court finding Defendant guilty of possession of a controlled substance and finding him to be a habitual criminal, holding that Defendant was not entitled to relief…

State v. McAleese  
Date: March 25, 2022
Citation: 311 Neb. 243
Docket Number: S-21-255

Justia Opinion Summary: The Supreme Court affirmed the judgment of the county court denying Defendant's motion seeking to vacate and correct his sentence for driving under the influence, which Defendant received almost nine years earlier,…

State ex rel. Counsel for Dis. v. Nelson
Date: March 25, 2022
Citation: 311 Neb. 251
Docket Number: S-21-475
Spratt v. Crete Carrier Corp.  
Date: March 25, 2022
Citation: 311 Neb. 262
Docket Number: S-21-530

Justia Opinion Summary: The Supreme Court reversed the judgment of the compensation court denying James Spratt's request seeking to modify his workers' compensation award, holding that the compensation court erred in holding that it lacked the…

State ex rel. Counsel for Dis. v. Kratina
Date: March 25, 2022
Citation: 311 Neb. 280
Docket Number: S-21-686
Continental Resources v. Fair  
Date: March 18, 2022
Citation: 311 Neb. 184
Docket Number: S-21-074

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting summary judgment for Continental Resources in this quiet title action against Kevin and Terry Fair, holding that the district court did not err in…

State v. Bryant  
Date: March 18, 2022
Citation: 311 Neb. 206
Docket Number: S-21-428

Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions for terroristic threats, assault in the third degree, and intimidation by phone call, holding that there was no merit to Defendant's arguments that the evidence was…

Nebraska Republican Party v. Shively  
Date: March 14, 2022
Citation: 311 Neb. 160
Docket Number: S-22-132

Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Objectors' application for a special proceeding relating to elections in the district court for Lancaster County, request for a summary order removing…

State v. Bixby  
Date: March 11, 2022
Citation: 311 Neb. 110
Docket Numbers: S-21-091, S-21-147

Justia Opinion Summary: The Supreme Court reversed the decision of the district court granting Defendant's motion for absolute discharge on speedy trial grounds, holding that the district court's order granting the motion was clearly…

Clark v. Sargent Irrigation District  
Date: March 11, 2022
Citation: 311 Neb. 123
Docket Number: S-21-288

Justia Opinion Summary: The Supreme Court dismissed in part and affirmed in part the interlocutory appeal brought in this negligence action, holding that the district court did not err in denying summary judgment based on the discretionary…

State v. Moody  
Date: March 11, 2022
Citation: 311 Neb. 143
Docket Number: S-21-303

Justia Opinion Summary: The Supreme Court affirmed in part and dismissed in part the order of the district court overruling Appellant's motion for absolute discharge wherein Appellant alleged violations of his statutory and constitutional…

Schmid v. Simmons  
Date: March 4, 2022
Citation: 311 Neb. 48
Docket Number: S-20-524

Justia Opinion Summary: In this dispute involving a limited liability company (LLC) and its members the Supreme Court affirmed the judgment of the district court ordering an accounting, declaring the membership rights of the parties, quieting…

State v. Jaeger  
Date: March 4, 2022
Citation: 311 Neb. 69
Docket Number: S-21-386

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Appellant's motion for postconviction relief without holding an evidentiary hearing, holding that there was no error in the proceedings…

Garrison v. Otto  
Date: March 4, 2022
Citation: 311 Neb. 94
Docket Numbers: S-21-478, S-21-641

Justia Opinion Summary: The Supreme Court affirmed the order of the district court renewing a domestic abuse protection order, holding that the evidence was sufficient to support the district court's finding that renewal of the protection order…

Becher v. Becher  
Date: February 25, 2022
Citation: 311 Neb. 1
Docket Number: S-20-737

Justia Opinion Summary: The Supreme Court affirmed as modified the provisions of a district court order that found Mark Becher in contempt for failure to pay various expenses following his divorce from Sonia Becher, holding that the court's…

North Star Mutual Insurance Co. v. Stewart  
Date: February 25, 2022
Citation: 311 Neb. 33
Docket Number: S-21-485

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court reversing the judgment of the county court dismissing the complaint brought by North Star Mutual Insurance Company without prejudice, holding that North Star…

Porter v. Knife River, Inc.  
Date: February 18, 2022
Citation: 310 Neb. 946
Docket Number: S-20-578

Justia Opinion Summary: The Supreme Court affirmed the order of the district court that granted summary judgment in favor of highway construction contractors and subcontractors (collectively, contractors) in this action alleging negligent…

State v. John  
Date: February 18, 2022
Citation: 310 Neb. 958
Docket Number: S-21-118

Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions and sentences for first degree murder and use of a deadly weapon, not a firearm, to commit a felony, holding that there was no merit to Defendant's appeal. On appeal,…

Pope v. Department of Motor Vehicles  
Date: February 18, 2022
Citation: 310 Neb. 971
Docket Number: S-21-206

Justia Opinion Summary: The Supreme Court affirmed the order of the Department of Motor Vehicles revoking Appellant's operator's license, holding that there was no error. Following a second hearing, the hearing officer recommended an order…

In re Estate of Severson  
Date: February 18, 2022
Citation: 310 Neb. 982
Docket Number: S-21-321

Justia Opinion Summary: The Supreme Court reversed the judgment of the probate court appointing the decedent's mother as personal representative, ordering that letters of personal representative be issued to her, and issuing such letters even…

State v. Abernathy  
Date: February 11, 2022
Citation: 310 Neb. 880
Docket Number: S-21-016

Justia Opinion Summary: The Supreme Court affirmed in part and dismissed in part the order of the district court overruling Defendant's motion for absolute discharge, holding that the district court did not err in determining that Defendant was…

Noah's Ark Processors v. UniFirst Corp.  
Date: February 11, 2022
Citation: 310 Neb. 896
Docket Number: S-21-086

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing the complaint brought by Noah's Ark Processors, LLC seeking a declaration that Noah's was not bound by a business agreement it entered into with…

Susman v. Kearney Towing & Repair Center, Inc.  
Date: February 11, 2022
Citation: 310 Neb. 910
Docket Number: S-21-277

Justia Opinion Summary: The Supreme Court reversed the order of the district court concluding that the statute of limitations for negligence, as set forth in Neb. Stat. Ann. 25-207, begins to run on the date of a plaintiff's injury, holding…

Franklin M. v. Lauren C.  
Date: February 11, 2022
Citation: 310 Neb. 927
Docket Number: S-21-442

Justia Opinion Summary: The Supreme Court vacated the order of the district court, which established the paternity of Franklin M. as to the parties' two children and decided issues regarding custody and child support, holding that the district…

Signal 88, LLC v. Lyconic, LLC  
Date: February 4, 2022
Citation: 310 Neb. 824
Docket Number: S-19-1069

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals vacating the order of the district court entering judgment on an arbitrator's award, holding that the court of appeals erred in finding the award ambiguous…

Community First Bank v. First Central Bank McCook  
Date: February 4, 2022
Citation: 310 Neb. 839
Docket Number: S-21-143

Justia Opinion Summary: The Supreme Court reversed the order of the district court that overruled Community First Bank's motion for summary judgment, sustaining First Central Bank McCook's motion for summary judgments and dismissing Community…

State v. Davis  
Date: February 4, 2022
Citation: 310 Neb. 865
Docket Number: S-21-224

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction for first degree murder, conspiracy to commit robbery, and use of a deadly weapon other than a firearm to commit a felony, holding that there was no basis for…

State v. Blake  
Date: January 28, 2022
Citation: 310 Neb. 769
Docket Number: S-20-779

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction and sentence but vacated the portion of the court's postconviction order prematurely addressing claims of ineffective assistance of counsel, holding that Defendant's…

Kowalewski v. Madison County Board of Commissioners  
Date: January 28, 2022
Citation: 310 Neb. 812
Docket Number: S-21-229

Justia Opinion Summary: The Supreme Court dismissed this appeal from the judgment of the district court dismissing Appellants' appeal from a decision of the Madison County Board of Commissioners for lack of appellate jurisdiction, holding that…

Beckner v. Urban - supplemental opinion
Date: January 21, 2022
Citation: 310 Neb. 746
Docket Number: S-20-345
Yerania O. v. Juan P.  
Date: January 21, 2022
Citation: 310 Neb. 749
Docket Number: S-21-441

Justia Opinion Summary: The Supreme Court reversed the decision of the district court sua sponte entering a harassment protection order against Juan P., holding that the procedure utilized in this case deprived Juan of sufficient notice and an…

State v. Burries  
Date: January 14, 2022
Citation: 310 Neb. 688
Docket Number: S-20-551

Justia Opinion Summary: The Supreme Court affirmed the denial of Defendant's motion for default judgment and the dismissal of his motions seeking postconviction relief, holding that there was no error. Defendant was convicted of first degree…

State v. Grant  
Date: January 14, 2022
Citation: 310 Neb. 700
Docket Number: S-20-915

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of disturbing the peace and of assault or menacing threats, both in violation of city ordinances in Lincoln, Nebraska, holding that there was no error in Defendant's…

Bohac v. Benes Service Co.  
Date: January 14, 2022
Citation: 310 Neb. 722
Docket Number: S-21-133

Justia Opinion Summary: The Supreme Court affirmed in part, vacated in part, and reversed in part the decision of the district court determining the fair value of an estate's 14.84 percent of common stock in a family-owned business, holding…

State v. Kipple  
Date: January 7, 2022
Citation: 310 Neb. 654
Docket Number: S-20-810

Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions for two counts of child enticement and one count of tampering with a witness but vacated Defendant's sentence for witness tampering, holding that Defendant's sentence…

Main St Properties LLC v. City of Bellevue  
Date: January 7, 2022
Citation: 310 Neb. 669
Docket Number: S-21-129

Justia Opinion Summary: The Supreme Court reversed the decision of the district court dismissing for lack of subject matter jurisdiction Main St Properties LLC's (MSP) complaint seeking to enjoin a zoning ordinance adopted by the city council…

In re Interest of A.A.  
Date: January 7, 2022
Citation: 310 Neb. 679
Docket Number: S-21-421

Justia Opinion Summary: The Supreme Court affirmed the order of the juvenile court placing physical custody of B.C. with Mother, from whom B.C. had initially been taken, holding that there was no error. B.C. was removed from Mother's home…

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