43 results for 'judge:"Arterburn "'.
J. Arterburn finds that the Worker's Compensation Court properly dismissed the employee's claim for benefits after she was injured by slipping on a floor she had just washed. Though she experienced pain requiring medication, she did not report the incident until months later. The employee failed to give Walmart notice ���as soon as practicable��� as required by relevant statute. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: September 26, 2023, Case #: A-23-044, Categories: Due Process, Workers' Compensation
J. Arterburn finds the trial court properly convicted defendant for possession of meth, sentencing her to two years of probation. Defendant, who was not part of the officers' investigation, consented to their search of the apartment she shared with the suspect after he had been arrested. Defendant consented to a search of her bedroom, where a pipe containing drug residue was found. All evidence supports the conviction and was properly allowed and entered. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: September 26, 2023, Case #: A-22-641, Categories: Drug Offender, Evidence, Search
[Consolidated] J. Arterburn finds that the county court sitting as juvenile court properly terminated the unmarried parents' rights to their minor children. The parents have failed to put themselves in a position to provide stability and consistency for their children. The children have spent considerable time in out-of-home placement, and, at the time of the termination hearing, neither parent was in a position to reunify. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: September 12, 2023, Case #: A-22-741, Categories: Family Law
J. Arterburn finds the county court properly imposed a surcharge of $84,224 on the former representative of his father���s estate after his half-sister was appointed representative. The surcharge should be based on the son���s failure to collect rent from tenants occupying the estate���s real estate and for using funds to pay unreasonable expenses. The surcharge should not be based on the son���s actions regarding the estate���s stock. The appellate court remands for the county court to discern how it determined the amount of the surcharge. The appeals court lacks jurisdiction to review the decision to remove the son as representative because he did not timely appeal. Affirmed in part. Dismissed in part and remanded with directions.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: August 29, 2023, Case #: A-22-782, Categories: Real Estate, Wills / Probate, Contract
J. Arterburn, in this marriage dissolution, finds the county court properly distributed real estate purchased during the marriage by the husband for significantly less than fair market value. The difference between the purchase price and the fair market value of the land was a gift to the husband from his family, and so was his separate property. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: August 29, 2023, Case #: A-22-723, Categories: Family Law, Property, Contract
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J. Arterburn finds the district court improperly granted the father���s request for a protection order against the mother. Though the father and 13-year-old daughter allege abuse by the mother, they do not allege specific facts giving rise to the charges. The father alleged that the mother had recently been criminally charged with felony child abuse but was not permitted to offer any evidence at the show cause hearing beyond the petition and affidavit. Vacated and remanded with directions.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: August 22, 2023, Case #: A-22-838, Categories: Family Law, Restraining Order, Guardianship
J. Arterburn finds the county court properly denied defendant���s request to transfer this aiding and abetting murder case to the juvenile court. Defendant admitted to planning the murder of his girlfriend���s father, who disagreed with their relationship, with his girlfriend. He admitted to driving her to the apartment where she stabbed her father to death. Surveillance video supports this, as well as defendant���s disposal of the murder weapon at a nearby grocery store. Though defendant does not have a criminal record, he does have a history of nonconforming, assaultive and reckless actions at school and home, including harming students, threatening teachers, destroying property and self-harm. His current charge shows a dramatic escalation and overwhelming evidence reveals that he poses a risk to the public if he is released without sufficient supervision and treatment. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: August 1, 2023, Case #: A-23-211, Categories: Evidence, Murder, Accomplice Liability
J. Arterburn finds the district court properly entered order in favor of the landlord, awarding damages, past due rent, prejudgment interest and costs. Testimony indicated that after receiving a demand letter from the landlord, the tenant calculated past due rent on its own, depositing the amount into another party���s account under the mistaken notion that this account was that of the landlord���s representative. Prejudgment interest is modified. Affirmed as modified.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: June 27, 2023, Case #: A-22-591, Categories: Landlord Tenant, Banking / Lending, Contract
J. Arterburn finds the trial court properly awarded a wife alimony and attorney fees in this marriage dissolution. After the divorce, the wife moved into a two-bedroom apartment with her two children and the husband purchased a $400,000 house, moving in with his new girlfriend and her 2 children. The district court did not abuse its discretion in considering the wife���s expenses and income while assessing the parties��� circumstances. There was no abuse of discretion in the court���'s conclusion that the wife���s responsibilities to the marriage and the children inhibited her ability to obtain an education and pursue a career. All attorney fees are properly documented. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: June 13, 2023, Case #: A-22-686, Categories: Family Law, Attorney Fees
J. Arterburn finds the county court properly found that the family member���s suit brought against the estate administrator on fraud allegations is frivolous. The issue has been previously litigated and decided. There is no abuse of discretion in the court���s ordering of the family member to pay $500 in attorney fees as a sanction. Certain attorney fees are reduced while the order for another is vacated as not supported by evidence. Affirmed in part as modified. Vacated in part and remanded with directions.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: June 13, 2023, Case #: A-22-596, Categories: Wills / Probate, Attorney Fees
J. Arterburn finds the trial court properly granted summary judgment to Target in this slip-and-fall suit. The injured party testified to slipping and falling on the sidewalk outside Target after walking across purple ���ice melt,��� injuring her knee. She wasn���t sure whether or not there was ice where she slipped and a Target employee testified to possibly having already treated the area with ice melt. No evidence was shown that Target had actual or constructive notice of the potential non-visible ice. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: June 6, 2023, Case #: A-22-805, Categories: Evidence, Tort, Negligence
J. Arterburn finds the trial court properly convicted defendant for two counts of criminal attempt, aiding and abetting sexual assault and two counts of child abuse after she supported her husband in the commission of the offenses on their children. The court acknowledged defendant���s minimal criminal history as well as her issues with mental health. The seriousness of the offenses and the damage that resulted to her daughters outweighed these facts and the court���s careful consideration does not show an abuse of discretion. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: May 30, 2023, Case #: A-22-674, Categories: Sex Offender, Child Victims, Accomplice Liability
J. Arterburn finds the district court properly granted summary judgment to the contractor in this negligence/injury suit brought by an employee hired to complete framing on a house. The contractor required the construction company to provide proof of workers��� compensation insurance. The employee was covered and has been compensated according to a settlement with the construction company. The contractor was not required to carry workers��� compensation insurance to be exempt from peculiar risk liability. The cited rule from relevant case law prohibits the contractor from being held liable as a matter of law. No exceptions apply. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: May 30, 2023, Case #: A-22-722, Categories: Construction, Contract, Workers' Compensation