Nebraska Supreme Court Decisions 2024

State ex rel. Counsel for Dis. v. Miller
Date: June 21, 2024
Citation: 316 Neb. 899
Docket Number: S-23-520
Mann v. Mann  
Date: June 21, 2024
Citation: 316 Neb. 910
Docket Number: S-23-608

Justia Opinion Summary: In this case, Asia R. Mann, now known as Asia R. Harrison, and Brian L. Mann were disputing modifications to their stipulated dissolution decree. The main issues in the case revolved around child custody, visitation,…

State v. Evans  
Date: June 21, 2024
Citation: 316 Neb. 943
Docket Number: S-24-013

Justia Opinion Summary: The defendant, Allen Evans, was charged with two counts of first-degree sexual abuse of a protected individual. The charges were brought after a resident of the Beatrice State Development Center reported that Evans had…

Meiergerd v. Qatalyst Corp.  
Date: June 14, 2024
Citation: 316 Neb. 831
Docket Number: S-22-939

Justia Opinion Summary: The case revolves around a dispute over the calculation of postjudgment interest on a series of loans between David Meiergerd and Qatalyst Corporation and Roland Pinto. Meiergerd had filed a complaint in 2007 seeking to…

State v. German  
Date: June 14, 2024
Citation: 316 Neb. 841
Docket Number: S-23-159

Justia Opinion Summary: The case involves Kevin S. German, who was convicted of second-degree murder, kidnapping, and first-degree false imprisonment. The crimes were based on two separate incidents that occurred over a two-day period in…

Konsul v. Asensio  
Date: June 14, 2024
Citation: 316 Neb. 874
Docket Number: S-23-441

Justia Opinion Summary: The case involves a medical malpractice claim brought by Ivan J. Konsul against Juan Antonio Asensio, M.D. The claim arose from treatment Konsul received after being admitted to Creighton University Medical Center…

Clemens v. Emme  
Date: June 7, 2024
Citation: 316 Neb. 777
Docket Number: S-23-146

Justia Opinion Summary: The case revolves around an alleged business partnership between Elaine Clemens and the late Arthur Emme. Clemens and Emme were intimate partners who never married. Clemens began working at Emme's business, O'Neill Body…

In re Change of Name of Druckenmiller
Date: June 7, 2024
Citation: 316 Neb. 807
Docket Numbers: S-23-340, S-23-341
Garcia v. City of Omaha  
Date: June 7, 2024
Citation: 316 Neb. 817
Docket Number: S-23-391

Justia Opinion Summary: Salvador Garcia, a garbage truck driver, filed a negligence lawsuit against the City of Omaha under the Political Subdivisions Tort Claims Act (PSTCA) after his truck fell into a sinkhole on a city street, causing him…

Woodward v. Saint Francis Medical Center  
Date: May 31, 2024
Citation: 316 Neb. 737
Docket Number: S-23-324

Justia Opinion Summary: The case revolves around a medical malpractice claim filed by Jillyn M. Woodward, individually and as Special Administrator of the Estate of Brian K. Woodward, deceased, against Saint Francis Medical Center and the…

MIMG LXXIV Colonial v. Ellis  
Date: May 31, 2024
Citation: 316 Neb. 746
Docket Number: S-23-438

Justia Opinion Summary: The case revolves around a residential eviction dispute between a landlord, MIMG LXXIV Colonial, LLC (Colonial), and a tenant, TajReAna Ellis. Colonial initiated eviction proceedings against Ellis for failing to pay…

Dirt Road Development v. Hirschman  
Date: May 31, 2024
Citation: 316 Neb. 757
Docket Number: S-23-524

Justia Opinion Summary: The case revolves around a dispute between Dirt Road Development LLC (DRD) and Robert and Kathryn Hirschman over the construction and operation of a new feedlot in Howard County, Nebraska. The Hirschmans own several…

Seemann v. Seemann  
Date: May 24, 2024
Citation: 316 Neb. 671
Docket Number: S-23-132

Justia Opinion Summary: In a marital dissolution case, the Nebraska Supreme Court reviewed the division of assets, alimony, attorney fees, and other matters. The couple, Clint and Lisa Seemann, had a premarital agreement that classified certain…

MacFarlane v. Sarpy Cty. Sch. Dist. 77-0037  
Date: May 24, 2024
Citation: 316 Neb. 705
Docket Number: S-23-592

Justia Opinion Summary: A mother sued a school district for negligence under the Political Subdivisions Tort Claims Act (PSTCA), alleging that her son was injured during a pole-vaulting practice at school when he fell onto an unpadded section…

In re Interest of Jeovani H.  
Date: May 24, 2024
Citation: 316 Neb. 723
Docket Number: S-23-831

Justia Opinion Summary: The case involves a juvenile, Jeovani H., who was placed on probation and ordered to pay restitution as a term and condition of his probation. Jeovani was charged with an act that would constitute the felony of…

White v. White  
Date: May 17, 2024
Citation: 316 Neb. 616
Docket Number: S-22-024

Justia Opinion Summary: This case involves a dispute between a decedent's wife and the co-personal representatives of the decedent's estate over the ownership of $100,000 and a camper under the terms of a premarital agreement. The decedent's…

State v. Hoehn  
Date: May 17, 2024
Citation: 316 Neb. 634
Docket Number: S-22-885

Justia Opinion Summary: The case involves the defendant, Michael C. Hoehn, who was convicted of driving under the influence (DUI) after a motion to suppress evidence from his stop and arrest was denied by the county court. The arresting…

Johnson v. Vosberg  
Date: May 17, 2024
Citation: 316 Neb. 658
Docket Number: S-23-396

Justia Opinion Summary: The case involves a dispute between a landlord, Daniel Johnson, and his tenant, Tina Vosberg. Johnson filed a complaint under Nebraska’s Uniform Residential Landlord and Tenant Act (URLTA) seeking restitution of the…

State v. Boswell  
Date: May 10, 2024
Citation: 316 Neb. 542
Docket Number: S-21-980

Justia Opinion Summary: The Nebraska Supreme Court affirmed the convictions and sentences of Bailey M. Boswell for premeditated first degree murder, conspiracy to commit first degree murder, and improper disposal of human skeletal remains.…

State v. Boeggeman  
Date: May 10, 2024
Citation: 316 Neb. 581
Docket Number: S-22-644

Justia Opinion Summary: The case involves Joseph C. Boeggeman, who was convicted in Nebraska for two counts of attempted first degree sexual assault and one count of attempted third degree sexual assault. During the Nebraska criminal…

In re Hessler Living Trust  
Date: May 10, 2024
Citation: 316 Neb. 600
Docket Number: S-23-472

Justia Opinion Summary: The case revolves around the interpretation of the Michael Hessler Living Trust. Michael Hessler, the settlor of the trust, had three children: Heidi Shaddick, Amber Rocha, and Brock Hessler. He also had a romantic…

Joshua M. v. State  
Date: May 3, 2024
Citation: 316 Neb. 446
Docket Number: S-21-1037

Justia Opinion Summary: The Nebraska Supreme Court ruled that the State of Nebraska and the Nebraska Department of Health and Human Services (DHHS) are immune from a lawsuit brought by three siblings who were physically and sexually abused in a…

State v. Woolridge-Jones  
Date: May 3, 2024
Citation: 316 Neb. 500
Docket Number: S-22-934

Justia Opinion Summary: The case involves Makhi Woolridge-Jones, who was convicted of second-degree murder, second-degree assault, and two counts of use of a deadly weapon to commit a felony. The charges stemmed from a shooting at a shopping…

In re Eileen Ryan Revocable Trust  
Date: May 3, 2024
Citation: 316 Neb. 524
Docket Number: S-23-354

Justia Opinion Summary: The case revolves around the interpretation of a provision in the Eileen Ryan Revocable Trust. The provision in question bequeathed $5 million in "Countable Assets" to each of Eileen’s five children. Constance M. Ryan,…

Inland Ins. Co. v. Lancaster Cty. Bd. of Equal. -- supplemental opinion
Date: April 25, 2024
Citation: 316 Neb. 417
Docket Number: S-23-289
Saint James Apt. Partners v. Univeral Surety Co.  
Date: April 25, 2024
Citation: 316 Neb. 419
Docket Number: S-23-357

Justia Opinion Summary: The plaintiffs, Saint James Apartment Partners, LLC, Central States Development, LLC, and John C. Foley, filed a civil action against Universal Surety Company, alleging that a notary public covered under Universal's bond…

State ex re. Counsel for Dis. v. Gage
Date: April 25, 2024
Citation: 316 Neb. 443
Docket Number: S-24-061
Thiele v. Select Med. Corp.  
Date: April 19, 2024
Citation: 316 Neb. 338
Docket Number: S-23-022

Justia Opinion Summary: In April 2020, Christine Thiele, a nurse liaison at Select Specialty Hospital, contracted COVID-19 and developed severe and disabling medical issues as a result. Thiele filed for workers' compensation benefits, arguing…

In re Guardianship of Patrick W.  
Date: April 19, 2024
Citation: 316 Neb. 381
Docket Number: S-23-209

Justia Opinion Summary: The case involves an appeal against a county court's decision to appoint a permanent guardian for Patrick W., an individual deemed incapacitated due to a stroke. The appellant, Patrick W., argued that the court erred in…

Barber v. State  
Date: April 19, 2024
Citation: 316 Neb. 398
Docket Number: S-23-627

Justia Opinion Summary: The case involves RaySean Barber, an inmate in the custody of the Nebraska Department of Correctional Services (DCS), who was diagnosed with a mental illness. Barber refused treatment with antipsychotic medications,…

State v. Anthony  
Date: April 12, 2024
Citation: 316 Neb. 308
Docket Numbers: S-23-139, S-23-130

Justia Opinion Summary: The case involves the defendant, Donald Gene Anthony, who was convicted of first degree murder, use of a deadly weapon to commit a felony, and possession of a deadly weapon by a prohibited person. The charges stemmed…

Castillo v. Libert Land Holdings 4  
Date: April 5, 2024
Citation: 316 Neb. 287
Docket Number: S-23-360

Justia Opinion Summary: The case involves Eduardo Castillo, the record owner of a property, and Libert Land Holdings 4 LLC (LLH4), which purchased a tax certificate for the property after Castillo failed to pay delinquent taxes. After the tax…

Northern Nat. Gas Co. v. Centennial Resource Prod.  
Date: March 29, 2024
Citation: 316 Neb. 263
Docket Number: S-23-647

Justia Opinion Summary: A Delaware corporation, Northern Natural Gas Company, sued another Delaware entity, Centennial Resource Production, LLC, in Nebraska for breach of contract. The dispute arose after Centennial, due to a cold weather event…

McKay v. Bartels  
Date: March 22, 2024
Citation: 316 Neb. 235
Docket Number: S-23-062

Justia Opinion Summary: In this case, Chuck McKay appealed the dismissal of a complaint he filed seeking declaratory relief regarding the Republican Party primary election for a county commissioner position in Saline County, Nebraska in 2022.…

Simpson v. Lincoln Public Schools  
Date: March 22, 2024
Citation: 316 Neb. 246
Docket Number: S-23-490

Justia Opinion Summary: In this case, the Nebraska Supreme Court reversed the lower court's denial of summary judgment, determining that the Lincoln Public Schools (LPS), a political subdivision, retained immunity from an employee's wrongful…

Crow v. Nebraska Dept. of Rev.  
Date: March 15, 2024
Citation: 316 Neb. 154
Docket Number: S-23-060

Justia Opinion Summary: The Nebraska Supreme Court affirmed a decision holding Allen Crow, a corporate officer, personally liable for unpaid use taxes of his former corporation, Direct Media Marketing, Inc. The court determined that Crow failed…

Nebraska Journalism Trust v. Dept. of Envt. & Energy  
Date: March 15, 2024
Citation: 316 Neb. 174
Docket Number: S-23-155

Justia Opinion Summary: The Supreme Court of Nebraska recently ruled on a dispute between the Nebraska Journalism Trust (NJT) and the Nebraska Department of Environment and Energy (NDEE) over the cost of providing public records. NJT had…

Nore Electric v. S & H Holdings  
Date: March 15, 2024
Citation: 316 Neb. 197
Docket Number: S-23-282

Justia Opinion Summary: In this case, the Nebraska Supreme Court interpreted the Nebraska Construction Lien Act (NCLA) and determined that construction liens can attach to the contracting owner's real estate, even if ownership of the property…

A & P II, LLC v. Lancaster Cty. Bd. of Equal.  
Date: March 15, 2024
Citation: 316 Neb. 216
Docket Number: S-23-296

Justia Opinion Summary: The case involves a dispute between developers of rent-restricted housing projects and the Lancaster County Board of Equalization. The Board sought permission from the Tax Equalization and Review Commission to use a…

State v. Rashad  
Date: March 8, 2024
Citation: 316 Neb. 101
Docket Number: S-22-097

Justia Opinion Summary: The Nebraska Supreme Court reversed the decision of the Court of Appeals in a case involving the right to a speedy trial. The defendant, Justin N. Rashad, was charged with first degree assault and use of a firearm to…

State v. Gleaton  
Date: March 8, 2024
Citation: 316 Neb. 114
Docket Number: S-22-560

Justia Opinion Summary: The State of Nebraska convicted DeShawn L. Gleaton, Jr. of first-degree murder, use of a firearm to commit a felony, possession of a firearm by a prohibited person, and witness tampering. Gleaton appealed, arguing that…

Inland Ins. Co. v. Lancaster Cty. Bd. of Equal.  
Date: March 8, 2024
Citation: 316 Neb. 143
Docket Number: S-23-289

Justia Opinion Summary: The Nebraska Supreme Court ruled in a dispute involving property tax assessment after a real estate property was damaged by fire due to arson. The issue at the core of the case was whether a fire caused by arson could be…

Fraternal Order of Police Lodge #88 v. State  
Date: March 1, 2024
Citation: 316 Neb. 28
Docket Number: S-22-748

Justia Opinion Summary: The Nebraska Supreme Court reversed a decision made by the Commission of Industrial Relations (CIR) that included corrections unit case managers within the protective service bargaining unit (PSBU), represented by the…

State v. Gnewuch  
Date: March 1, 2024
Citation: 316 Neb. 47
Docket Number: S-23-038

Justia Opinion Summary: The case before the Nebraska Supreme Court involved an appeal by Nathaniel L. Gnewuch, who was convicted of operating a motor vehicle to avoid arrest. Gnewuch had requested a deferred sentence under Nebraska Revised…

Clason v. LOL Investments
Date: March 1, 2024
Citation: 316 Neb. 91
Docket Number: S-23-223
State v. Npimnee  
Date: February 23, 2024
Citation: 316 Neb. 1
Docket Number: S-23-147

Justia Opinion Summary: In Nebraska, a man named Hope T. Npimnee was convicted of first-degree sexual assault and sentenced to 35 to 40 years in prison. The victim, identified as S.M., claimed that she was intoxicated when Npimnee had…

State v. Lear  
Date: February 23, 2024
Citation: 316 Neb. 14
Docket Number: S-23-356

Justia Opinion Summary: The defendant, Melvin Lear, was charged with a felony offense by the State of Nebraska. Lear requested a continuance in order to conduct additional discovery, which was granted by the court. However, the continuance…

State ex rel. Counsel for Dis. v. Bramblett
Date: February 23, 2024
Citation: 316 Neb. 24
Docket Number: S-23-778
SID No. 596 v. THG Development  
Date: February 16, 2024
Citation: 315 Neb. 926
Docket Numbers: S-22-688, S-23-134

Justia Opinion Summary: This case involves two consolidated appeals related to Sanitary and Improvement District No. 596 of Douglas County, Nebraska (SID 596) and THG Development, L.L.C. (THG), a real estate owner whose property adjoins but is…

State v. Miller  
Date: February 16, 2024
Citation: 315 Neb. 951
Docket Number: S-23-124

Justia Opinion Summary: The appellant, Jordon J. Miller, was convicted and sentenced for second degree murder following a plea agreement. The charge stemmed from an incident when shots were fired at a passing vehicle, resulting in the death of…

Griffith v. LG Chem America  
Date: February 9, 2024
Citation: 315 Neb. 892
Docket Number: S-22-840

Justia Opinion Summary: In this case, John Edward Griffith II and Christina M. Griffith sued LG Chem America, Inc., and Shoemaker’s Truck Station, Inc., after lithium-ion rechargeable batteries purchased at a Shoemaker's Truck Station store in…

Wright v. Southwest Airlines Co.  
Date: February 9, 2024
Citation: 315 Neb. 911
Docket Number: S-23-376

Justia Opinion Summary: In the case before the Nebraska Supreme Court, Kathryn Wright was employed as a customer service agent for Southwest Airlines Co. (Southwest). In her volunteer role on a workplace social committee, she was found to have…

In re Trust of Lamprecht
Date: February 2, 2024
Citation: 315 Neb. 832
Docket Numbers: S-23-058, S-23-059
Mathiesen v. Kellogg  
Date: February 2, 2024
Citation: 315 Neb. 840
Docket Number: S-23-157

Justia Opinion Summary: In this case, Christopher Mathiesen, the owner of a limited liability company, appealed a court's order dismissing his complaint against Kristi Kellogg, who was alleged to be a co-owner of the company. The court…

State v. Lara  
Date: February 2, 2024
Citation: 315 Neb. 856
Docket Number: S-23-167

Justia Opinion Summary: In the case before the Nebraska Supreme Court, the defendant, Favion Lara, appealed from the District Court for Hall County, arguing that his sentences should be vacated and the case remanded for resentencing before a…

Zeiler v. Reifschneider  
Date: February 2, 2024
Citation: 315 Neb. 880
Docket Number: S-23-329

Justia Opinion Summary: This case revolves around a long-standing dispute between two Nebraska families, the Zeilers and the Reifschneiders, over rights to divert water from their neighboring farmland. The dispute lead to a consent judgment in…

In re Adoption of Kate S.  
Date: January 26, 2024
Citation: 315 Neb. 795
Docket Number: S-22-919

Justia Opinion Summary: In this case, a couple, Kelley L. and Richard L., sought to have Richard adopt Kelley's daughter, Kate S., without the consent of the child's biological father, Dustin S., alleging that Dustin had abandoned Kate. The…

Cain v. Custer Cty. Bd. of Equal.  
Date: January 26, 2024
Citation: 315 Neb. 809
Docket Number: S-23-224

Justia Opinion Summary: The case concerned the valuation of agricultural land owned by Donald V. Cain Jr. for the 2013 tax year. Cain appealed the decision of the Custer County Board of Equalization, which upheld the assessed values of his land…

State v. Clark  
Date: January 19, 2024
Citation: 315 Neb. 736
Docket Number: S-22-865

Justia Opinion Summary: The Nebraska Supreme Court heard an appeal from Angelina M. Clark who was convicted for terroristic threats and third-degree sexual assault. Clark argued that her trial before an all-male jury violated her constitutional…

State v. Tvrdy  
Date: January 19, 2024
Citation: 315 Neb. 756
Docket Number: S-22-901

Justia Opinion Summary: In this case, Patrick Tvrdy was convicted of manslaughter and sentenced to 12 to 16 years' imprisonment following a vehicle-motorcycle collision that resulted in the death of the motorcycle driver, Brady Sweetser. Tvrdy…

State v. Horne  
Date: January 19, 2024
Citation: 315 Neb. 766
Docket Number: S-23-192

Justia Opinion Summary: The defendant, Tristan T. Horne, was charged with attempted possession of a firearm by a prohibited person. As part of a plea agreement, Horne was admitted into a problem-solving court program (Wellness Court) designed…

K. v. G.  
Date: January 19, 2024
Citation: 315 Neb. 781
Docket Number: S-23-195

Justia Opinion Summary: In this Nebraska case, the appellant, Christian G., filed a motion to vacate a domestic abuse protection order issued against him, arguing that the district court lacked personal jurisdiction over him and that the court…

Palmtag v. Republican Party of Nebraska  
Date: January 12, 2024
Citation: 315 Neb. 679
Docket Number: S-22-967

Justia Opinion Summary: A defamation lawsuit was filed by Janet Palmtag, a real estate agent and general candidate for the Nebraska Legislature, against The Republican Party of Nebraska. The case stems from political mailers, sent by the Party,…

In re Interest of Ricardo T.  
Date: January 12, 2024
Citation: 315 Neb. 718
Docket Numbers: S-23-234, S-23-236, S-23-237, S-23-238

Justia Opinion Summary: The case involves the State of Nebraska's appeal against a juvenile court's order transferring jurisdiction of a child welfare case involving five Native American children to the Oglala Sioux Tribal Court. The case…

Fountain II, LLC v. Douglas Cty. Bd. of Equal.  
Date: January 5, 2024
Citation: 315 Neb. 633
Docket Number: S-22-888

Justia Opinion Summary: In the case before the Nebraska Supreme Court, Fountain II, LLC, a commercial real estate development company, disputed the denial of special valuation as agricultural or horticultural land, commonly known as "greenbelt…

Puncochar v. Rudolf  
Date: January 5, 2024
Citation: 315 Neb. 650
Docket Number: S-23-072

Justia Opinion Summary: The case is a dispute over the boundaries of two land tracts, Government Lot 1 (GL1) and Government Lot 7 (GL7), located in Howard County, Nebraska, owned by Judith Puncochar and the Rudolfs and the Sacks (GL7 Owners)…

State v. Turner  
Date: January 5, 2024
Citation: 315 Neb. 661
Docket Number: S-23-225

Justia Opinion Summary: In the case, the Nebraska Supreme Court upheld the conviction of Bernard R. Turner for first degree murder. The court found no error in the trial court’s decision to grant the state’s motion to continue the trial due to…

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