264 results for 'court:"Nebraska Court Of Appeals"'.
J. Welch finds the district court properly granted the mother's complaint for modification of child custody and her request to remove the child from Nebraska to Wyoming. Testimony at trial, including from a mental health substance abuse counselor and the child's preschool teacher and daycare director, shows a material change in circumstances related to the father's escalated drinking following the entry of the divorce decree. The short distance of the move and the court’s award of parenting time provides a reasonable visitation schedule for fostering a meaningful relationship between the father and child. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: April 16, 2024, Case #: A-23-571, Categories: Evidence, Family Law, Guardianship
J. Pirtle finds the trial court properly convicted defendant for attempted kidnapping and first-degree sexual assault and sentenced him to 70 to 90 years imprisonment. Evidence shows defendant, a drug smuggler, lured the victims who he says stole his drugs to a welding shop by offering to sell them cocaine. He handcuffed the male victim, welding the cuffs to a table, and proceeded to torture him, hot-iron branding him with the word "thief" and forcing him to take 100 doses of LSD. He also sexually assaulted the female victim. All evidence supports the convictions, and the record refutes defendant's claims of ineffective assistance. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: April 16, 2024, Case #: A-23-780, Categories: Sex Offender, Kidnapping, Mayhem
J. Riedman finds the district court improperly divided the marital estate. The court improperly classified and valued the wife's student loan debt, auto loan, and certain savings, checking and retirement accounts. The evidence presented does not support using an average daily value, and the wife failed to rebut the presumption the growth of her retirement accounts was marital. Vacated in part.
Court: Nebraska Court Of Appeals, Judge: Riedman , Filed On: April 9, 2024, Case #: A-23-593, Categories: Family Law, Property, Banking / Lending
J. Arterburn finds the trial court improperly granted summary judgment to a hospital on medical malpractice claims filed by a widow and estate administrator after her husband died following an emergency room visit. The husband died at home from coronary artery disease after the emergency room doctor diagnosed and treated him for a head injury incurred at work. The court improperly denied the wife's motion to compel and granted the hospital’s motion for a protective order. Though the court correctly received the doctor's affidavit, it improperly declined to receive the wife's expert's affidavit stating the hospital violated standards of care involving the husband's history of heart disease. Reversed in part.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: April 9, 2024, Case #: A-23-339, Categories: Negligence, Experts, Medical Malpractice
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J. Welsh finds the district court properly dismissed the property owner's complaint concerning a speed bump the other property owner installed on a private road subject to the moving party's easement. The owner failed to establish the speed bump materially interfered with use of the easement. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welsh , Filed On: April 9, 2024, Case #: A-23-446, Categories: Administrative Law, Property
J. Arterburn finds the district court properly denied the union’s motion for declaratory judgment and its application to vacate an arbitration award resulting from the labor dispute. The dispute arose from certain positions being reclassified, resulting in the employees being required to work holidays they previously had off. The arbitrator found the human services agency could change the holiday schedule if it negotiated with the union in compliance with the labor agreement. The arbitrator did not award the union's request to return to the previous holiday schedule but did specify steps to be taken before implementing the change. This is a final ruling, and the union’s assertion that the arbitrator failed to rule is without merit. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: April 9, 2024, Case #: A-23-603, Categories: Civil Rights, Employment, Labor / Unions
J. Riedmann finds the district court properly convicted defendant for simultaneous firearm and drug possession. Drug task force officers discovered the items in defendant's apartment during a warranted search. Defendant sought to challenge the conviction on speedy trial grounds, though she has acknowledged the continuance time period was properly excluded. Her claims of ineffective assistance based on her counsel's having caused that error are without merit. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: April 2, 2024, Case #: A-23-475, Categories: Drug Offender, Firearms, Speedy Trial
J. Welch finds the trial court properly modified the custody order granting the father more parenting time. The court properly found the mother interfered with the father and child's relationship, which constituted a change in circumstances affecting the child's best interests. However, the court improperly required the mother to provide support while denying her benefit without showing the source is her own income. Reversed in part.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: April 2, 2024, Case #: A-23-311, Categories: Family Law, Due Process, Guardianship
J. Moore finds the trial court properly convicted defendant for assault and use of a deadly weapon based on sufficient evidence. A couple travelling with their children were stabbed by the ex-girlfriend of a friend with whom the couple were staying. When the ex-girlfriend's brother confronted the ex-boyfriend for breaking up with his sister, the ex-girlfriend was also seen running from the ex-boyfriend's house. The couple were later found to have been stabbed. All factors were properly considered for sentencing. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: April 2, 2024, Case #: A-23-407, Categories: Evidence, Assault, Weapons
J. Pirtle finds the district court properly reversed the county court's dismissal of a contract action. The company that purchased the home alleges the seller took the gas range and dishwasher when she moved out in violation of the sale agreement. The sheriff's office served the seller, who is not a Nebraska resident, while she was still in Nebraska, and this instate service of process was sufficient to subject the seller to Nebraska jurisdiction. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: April 2, 2024, Case #: A-23-477, Categories: Property, Jurisdiction, Contract
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. Welch finds the district court improperly reversed the county court's dismissal of a DUI case. Although defendant requested a continuance to retain counsel, the county court did not advise defendant of the effect of a continuance, and it found that the time from that date to the continued arraignment date was not excludable. The district court reversed this after the state filed a notice of intent to take exception but failed to pay the docket fee. Because the state acknowledged failing to pay the docket fee, the district court lacked subject matter jurisdiction. Reversed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: April 2, 2024, Case #: A-23-001, Categories: Dui, Speedy Trial, Jurisdiction
J. Riedmann finds the county court improperly divided the marital estate. The ex-husband did not list the value for numerous items and both parties did not agree on the value of any item at issue. The total value of the marital assets was $212,000, with a joint property statement showing debts totaling $80,000. It is unclear from the record whether the court intended a specific distribution percentage or simply a distribution of assets and corresponding debt. The portion of the decree valuing and dividing the marital estate is vacated. Vacated in part.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: March 26, 2024, Case #: A-23-386, Categories: Debt Collection, Family Law, Property
J. Riedmann finds the county court properly dismissed the land sellers' conversion, contract and related claims with prejudice. The seller's causes of action are barred by the statute of limitations. Furthermore, the discovery rule does not apply to breach of contract or conversion claims, and they failed to particularly allege fraudulent concealment. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: March 26, 2024, Case #: A-23-353, Categories: Agriculture, Fraud, Property
J. Pirtle finds the workers compensation court properly awarded the employee temporary total disability following a slip and fall on ice in the auto sales company's parking lot. Though the court awarded her temporary total disability benefits and ordered the company to pay medical expenses, mileage and pharmacy expenses, the employee contends she is due permanent disability benefits. The employee has failed to provide evidence of permanent medical impairment or permanent restrictions to the body as a whole. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: March 19, 2024, Case #: A-23-548, Categories: Evidence, Tort, Workers' Compensation
J. Welch finds the county court improperly ordered the child's custody should continue with the Department of Health and Human Services. The child was removed due to the mother's history with drugs, as well as her history of relationships with violent men. Although the evidence, including a psychological evaluation of the mother, supports the court's order, the court failed to make written findings as to the mother's history and fitness. Reversed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: March 19, 2024, Case #: A-23-594, Categories: Family Law, Due Process, Guardianship
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
J. Arterburn finds the county court properly denied the former, currently incarcerated law clients' claims for relief. The clients say they are due monetary relief from their deceased lawyer's estate because of claimed deficient performance. The record is devoid of evidence the lawyer represented at least one of the clients, and both also failed to file their claims within the two-month period following publication of notice to creditors. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: March 12, 2024, Case #: A-23-214, Categories: Wills / Probate, Damages
J. Riedmann finds the trial court properly convicted defendant for manslaughter, attempted terroristic threats and firearm possession. Witnesses testify defendant shot his girlfriend during a night of drinking after a contentious phone call with his ex-wife regarding child custody issues. Sufficient evidence supports the convictions, though a matter of sentencing is remanded to correct certain sentences from determinate to indeterminate according to statute. Affirmed in part.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: March 12, 2024, Case #: A-23-367, Categories: Firearms, Manslaughter, Terrorism
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. Welch finds the trial court properly convicted defendant for firearm possession. During defendant's probation sentence for convictions on charges of domestic violence, disturbing the peace and criminal trespass, he failed to report for drug testing. The ensuing inquiry yielded information regarding defendant's illegally being in possession of firearms, and a search of his apartment turned up firearms. The search was properly made under conditions of defendant's probation and his motion to suppress was correctly denied. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: March 12, 2024, Case #: A-23-312, Categories: Firearms, Probation, Search
J. Moore finds the trial court properly convicted defendant for first-degree sexual assault of a child. Defendant's stepdaughter, his wife's niece and his own biological niece alleged he improperly touched and exposed himself to them, eventually leading to acts of digital penetration and oral sex. Forensic interviews and other evidence support the convictions. The charges were properly joined due to relatedness and occurrence over a period of time. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: March 5, 2024, Case #: A-23-138, Categories: Sex Offender, Due Process, Child Victims
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. Pirtle finds the county court properly denied defendant's motion for postconviction relief without an evidentiary hearing. Defendant was charged with 15 counts pertaining to the sexual abuse of his 15- and 11-year-old daughters and 13-year-old son. He pleaded no-contest to six of the charges. Postconviction claims of ineffective assistance and court errors are procedurally barred because they were or could have been litigated on direct appeal. Defendant has also failed to demonstrate the judge showed any bias by his ruling on his own alleged error. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: March 5, 2024, Case #: A-23-428, Categories: Evidence, Sex Offender, Due Process
J. Moore finds the county court properly modified the ex-husband's child support obligation. The court properly gave him a year to pay because the ex-husband must reimburse the ex-wife retroactively for more than a year of expenses. But, because the court did not order either party to provide health insurance for a child, it erroneously failed to order cash medical support. Reversed in part.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: March 5, 2024, Case #: A-23-149, Categories: Family Law, Due Process, Contract
J. Welch finds the trial court properly, by plea bargain, convicted defendant for theft, attempted failure to appear and false reporting. The victim's stolen car was observed and stopped by officers. Though defendant was a passenger, a search revealed the keys to be in defendant's pocket, and the driver told officers that defendant had picked her up in the borrowed car. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: March 5, 2024, Case #: A-23-887, Categories: Evidence, Ineffective Assistance, Theft
J. Moore finds the county court properly granted summary judgment to the law firm in its case against a property manager who failed to fully pay fees and costs for various representation. The record shows the manager was given notice at every stage of the proceedings. He appeared at hearings, presented evidence and was not denied due process. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: February 27, 2024, Case #: A-23-334, Categories: Due Process, Contract
J. Moore finds the county court properly modified the divorce decree. Though the parties had originally agreed to a joint custody arrangement, the father sought modification alleging several changes in circumstance, including the mother's increased income and her allegedly ignoring certain joint custody obligations. The mother was given final medical and dental decision-making when the parties could not agree after reasonable discussion. After giving appropriate consideration to all testimony, the lower court properly found the father did not meet his burden to prove a change in circumstance warranting modification of custody. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: February 27, 2024, Case #: A-23-366, Categories: Evidence, Family Law, Guardianship