50 results for 'judge:"Bishop "'.
J. Bishop finds the district court properly divided the marital property in this marriage dissolution. The land on which the marital residence and a barn were built was acquired and paid for by the husband before the marriage. Evidence supports the land is nonmarital, although the parties jointly paid a mortgage on the property. Therefore, the wife is entitled to one-half of that marital equity. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: April 30, 2024, Case #: A-23-249, Categories: Family Law, Property, Contract
J. Bishop finds the Nebraska Tax Equalization and Review Commission properly reversed the board's acceptance of the county assessor���s recommended valuation for a hotel property. The owner presented expert testimony using a sales comparison approach, as well as actual income and expenses from the property and comparable properties to calculate a typical market average. The expert's $660,000 appraisal was clear and convincing evidence the board���s appraisal of $1.5 million was arbitrary or unreasonable. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: April 23, 2024, Case #: A-23-661, Categories: Evidence, Tax
J. Bishop finds the trial court properly convicted defendant, by no-contest plea, for sexual assault of a child. Forensic interview and testimony provided by the victims support the convictions. Though defendant says statements given by the parents of the victims were improperly allowed, the statutory definition of a victim establishes a baseline right to provide victim impact statements, and it does not limit a sentencing court���s discretion to consider relevant evidence from a variety of sources. All sentencing factors were properly considered. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: April 2, 2024, Case #: A-23-522, Categories: Sentencing, Sex Offender, Child Victims
J. Bishop finds the trial court properly convicted defendant for firearm possession, theft and fleeing based on sufficient evidence. After the officer made contact with defendant for having been parked on the side of the road for more than 24 hours, defendant was found to be in possession of marijuana, leading to his noncooperation when the officer tried to detain him. Defendant ran, stealing two vehicles during his attempt to elude the officer. He was eventually subdued, and multiple firearms were later found in his vehicle pursuant to a search warrant. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: March 19, 2024, Case #: A-23-065, Categories: Drug Offender, Firearms, Escape
J. Bishop finds the county court properly divided the unmarried couple's shared assets and debts. Though one party was required to pay the other $150,000 within 90 days and did not, the signed agreement includes the stipulation the payment be made upon the other's completion of the transfer of real estate and business asset interests, whichever is later. All aspects of the agreement were met and the party's motion for a finding of contempt is denied. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: March 19, 2024, Case #: A-23-160, Categories: Contempt, Property, Contract
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J. Bishop finds the county court properly entered this divorce decree, awarding alimony to the ex-wife. Though the wife's career as a mortgage loan officer was not interrupted by the marriage, and her substantial earnings and receipt of a property settlement could have supported not awarding alimony, her higher earnings as a loan officer did take place during a period of low interest rates. A period of increase during an industry slowdown also resulted in further reduced earnings. Being the alimony order covers only two years, no abuse of discretion is found. The husband, though, is entitled to a nonmarital set off for a down payment made on the marital home purchased before the marriage. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: March 12, 2024, Case #: A-23-030, Categories: Family Law, Property, Contract
J. Bishop finds the county court properly divided the marital property in this divorce decree. Though child and cat custody are not at issue, the particular child support and alimony orders are proper due to the ex-husband's extensive travel for work. The ex-wife was almost exclusively responsible for the children's needs, activities and doctor appointments, as well as maintaining the household. The ex-wife also had the more consistent possession of the marital home, which was properly awarded to her. The ex-husband's severance pay was improperly divided, as it is correctly construed as replacing lost future wages. Affirmed in part.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: March 5, 2024, Case #: A-23-040, Categories: Family Law, Property, Contract
J. Bishop finds the trial court properly convicted defendant for sexual assault. Though defendant claims the sex was consensual, testimony from the victim and another witness, as well as that from a medical examiner, establish the victim was raped and had injuries consistent with forced anal penetration. Defendant's DNA was also found in the victim's body. Defendant was properly sentenced within guidelines, and lifetime requirement to maintain sex offender registration does not amount to cruel and unusual punishment. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: February 27, 2024, Case #: A-22-913, Categories: Evidence, Sentencing, Sex Offender
J. Bishop finds the mental health board properly entered a commitment order for the involuntary treatment of the patient. The patient expressed delusions ���focused on multiple rape experiences...by a lot of people...including [the] famous, psychiatrists, police officers, and animals.��� His manic speech made it difficult to communicate with him. The patient contends his doctor did not provide a timeline or milestones he needed to meet; however, these concerns are dependent upon the patient's cooperation and progress, which are not predictable. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: February 20, 2024, Case #: A-23-453, Categories: Health Care, Commitment, Due Process
J. Bishop finds the juvenile court properly terminated the mother's parental rights to her four children. A family services specialist testified that one of the children tested positive for meth and amphetamines at birth. The children were then placed with their father, who was separated from the mother. The mother did not follow through on her ordered family team meetings, supervised parenting time, or support services. Other testimony and evidence support the best interest finding. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: February 20, 2024, Case #: A-23-534, Categories: Family Law, Guardianship
J. Bishop finds the trial court properly convicted defendant, by no-contest plea, for making terroristic threats. After officers responded to the domestic disturbance, defendant pointed a shotgun at them, saying he would ���blow them away." All evidence supports the conviction, and trial counsel���s failure to file a motion to suppress the arrest warrant was not deficient. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: February 13, 2024, Case #: A-23-503, Categories: Firearms, Threats, Terrorism
J. Bishop finds the county court properly denied the property owner's complaint in a real estate dispute. The parties made an even, cashless trade of manufactured homes, one of which had an attached garage that was not part of the trade. The owner of the garage provided a purchase option, then, 9 months later, attempted to remove the garage after the other party, considering it abandoned, had begun using it. A text message shows the party in possession declined to purchase the garage, asking that it be removed. The owner did not reply to the message before eventually suing for the purchase price plus rent. Evidence of other property purchases indicated the owner had no intent to exercise rights of ownership. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: February 13, 2024, Case #: A-22-880, Categories: Evidence, Property, Contract
Bishop finds the district court properly granted a son and his wife's motion for summary judgment in a property dispute precipitated by the father's death and will interpretation, which led to siblings' filing an action to partition parcels of property, terminate severed mineral interests and quiet title involving a half-interest the mother sold to the son. There is no genuine issue of material fact regarding the siblings' claim of undue influence. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: February 6, 2024, Case #: A-23-172, Categories: Property, Real Estate, Wills / Probate
J. Bishop finds the trial court properly convicted defendant by no-contest plea for assault and false imprisonment, requiring him to register as a sex offender. Defendant, a taxi driver, picked the drunken victim up from a bar and took her to his house. The victim woke up the next day with pains indicating sexual assault, and later medical examination confirmed that such an assault had occurred. The plea agreement replaced the charge of sexual assault with assault, while requiring defendant to register as a sex offender. Evidence, including the victim's blood found on defendant's sheets, supports the conviction and registration requirement. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: January 30, 2024, Case #: A-23-373, Categories: Sentencing, Sex Offender, Assault
J. Bishop finds the trial court properly convicted defendant for terroristic threats and operating a motor vehicle to avoid arrest based on sufficient evidence. Defendant's ex-wife testified he arrived at her house in his truck, drove across her lawn and kicked in her front door, and the ex-wife's current boyfriend testified he saw defendant driving away from the house as he arrived. Furthermore, officers testified that as they arrived at defendant's house for questioning, he fled in his truck. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: January 23, 2024, Case #: A-23-343, Categories: Evidence, Escape, Terrorism
J. Bishop finds the juvenile court properly terminated the father's parental right to his two children. He has substantially and continuously neglected and refused to give the children necessary parental care and protection, or make reasonable efforts to preserve and reunify the family. He has also failed to correct conditions involving his living circumstance, employment and drug issues. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: January 23, 2024, Case #: A-23-467, Categories: Evidence, Family Law, Guardianship
J. Bishop finds the trial court properly modified the custody order granting the parents joint physical custody of their son, with equal parenting time. The mother's claims of harmful conduct by the father were unfounded, while the child admitted to lying about being abused and record evidence shows the child's behavior improved after equal parenting time was awarded. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: January 16, 2024, Case #: A-23-111, Categories: Evidence, Family Law, Guardianship
J. Bishop finds the county court improperly entered the protection order sought by a father against his romantic partner on behalf of himself and his son, based on various allegations of infidelity, drug use, and physical and psychological abuse. Certain alleged physical contact referred to an isolated incident, and there is insufficient evidence to support the order. Reversed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: January 9, 2024, Case #: A-23-323, Categories: Evidence, Restraining Order
J. Bishop finds the district court properly entered the decree of paternity, custody, support and visitation. The never-married parents agreed to use a basic income worksheet to determine support rather than the joint-custody worksheet, but never submitted their proposed decree. Three years later the court entered a decree that deviated from guidelines. The father points out large deposits made to the mother's bank accounts but fails to note the deposits were loans for a house and car, rather than income. He also fails to sufficiently support his contention the court improperly imposed portions of, rather than the entire, agreement. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: January 2, 2024, Case #: A-22-586, Categories: Family Law, Guardianship, Contract
J. Bishop finds the district court properly affirmed its entry of a domestic abuse protection order against a woman's ex-boyfriend. Sufficient evidence involving the ex-boyfriend's uninvited entry into her home, his threats and assault, and calling her from a "no caller ID" telephone number support the order. Furthermore, he placed her in fear of bodily injury by way of credible threat implied by a combination of his conduct and communications. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: December 26, 2023, Case #: A-23-271, Categories: Evidence, Domestic Violence, Restraining Order
J. Bishop finds the trial court properly convicted defendant for possession of a firearm by a prohibited person based on sufficient evidence. Defendant was arrested after a search warrant was executed on his apartment, which turned up meth and firearms. Although the drug charge was eventually dropped and defendant moved to suppress evidence, he fails to show the outcome would have been different had the jury not known of the drugs. The trial court also had all information on supposed mitigating circumstances and was able to weigh all factors when sentencing. The seriousness of the offense and defendant's criminal history support the 5-to-7-year prison sentence. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: December 5, 2023, Case #: A-22-668, Categories: Evidence, Firearms, Jury
J. Bishop finds the district court properly reversed the small claims court's $3,500 judgment against the owner of the used car dealership. After the purchaser of a Jaguar sedan began having significant problems with the vehicle, he filed suit against the owner and not the dealership. The owner cannot be held personally liable for the dealership's actions and judgment cannot be entered against the dealership as it was never made party to the action. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: November 28, 2023, Case #: A-22-927, Categories: Consumer Law, Contract
J. Bishop finds the county court properly sustained the corporation���s motion for discharge of a revived default judgment on a debt. The default judgment term, "compounded annually,��� has conflicting interpretations. The first definition supports the corporation's interpretation and, while the second definition supports the lender's, it requires the court to ignore specified per day rates, which must be calculated annually. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: November 28, 2023, Case #: A-22-939, Categories: Debt Collection, Contract
J. Bishop finds the trial court properly determined the amount of the former company vice president's interest in the company in an employment contract action. The court denied the company's motion for a directed verdict seeking declaratory judgment in favor of its determined amount of $410,000 and found the fair market value was $2 million. An independent expert business valuator noted the company's analysis lacked independence and consideration of future projects, while it also used an excessive discount rate and subtracted future debt. Furthermore, the former vice president testified his IRS filing reflects a $2 million closeout of the account. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: November 28, 2023, Case #: A-22-892, Categories: Employment, Securities, Contract
J. Bishop finds the county court improperly terminated the father���s rights to his minor daughter. The child was abandoned at a hospital and the state took custody, being the parents were unknown. In its order terminating parental rights, the juvenile court���s finding of unfitness was based on the father���s conduct of domestic violence prior to the child���s abandonment, and parental unfitness was not proven. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: October 31, 2023, Case #: A-23-158, Categories: Evidence, Family Law, Guardianship
J. Bishop finds the county court properly terminated the father���s parental rights to his daughter. The child was removed from the mother���s home due to concerns that she had been exposed to drugs and has remained in foster care since, as the mother has failed to work with the human services department voluntarily. The father is currently incarcerated, with no means of support. Clear and convincing evidence supports termination. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: October 24, 2023, Case #: A-22-969, Categories: Evidence, Family Law, Guardianship
J. Bishop finds the district court properly denied the motion to vacate a domestic abuse protection order filed by the mother against her child���s father. The father did not produce any admissible evidence to support his alleged untimely service or receipt of the court���s order for hearing. His affidavit was deemed inadmissible, and his counsel could have asked for a continuance to allow him an opportunity to testify as to when he received notice. No continuance was requested. No abuse of discretion is found. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: October 17, 2023, Case #: A-23-195, Categories: Family Law, Due Process, Restraining Order
J. Bishop finds the Worker���s Compensation Court properly dismissed a machine operator���s claim for hand and arm numbness allegedly incurred during her employment with the Bimbo bakery. The employee failed to offer an expert medical opinion linking her injury to the employment. Statements offered were not authored by a physician and neither constitute medical history nor connect the injury to her employment. No record evidence is presented. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: October 10, 2023, Case #: A-22-981, Categories: Employment, Evidence, Workers' Compensation
J. Bishop finds the district court properly denied the mother���s request for grandparent visitation outside the United States for the children after granting joint physical custody, with the father receiving sole legal custody pursuant to the divorce decree. The court determined that the risk of the mother taking taking the children to Africa was ���too substantial��� considering her ���previous noncompliance.��� The mother also failed to assign other arguments as error. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: October 10, 2023, Case #: A-22-894, Categories: Evidence, Family Law, Guardianship