256 results for 'court:"Nebraska Court Of Appeals"'.
J. Pirtle finds the Nebraska Tax Equalization and Review Commission properly reversed the board's decision upholding its assessed value of the grocery store. Kroger appealed the board's assessed value of roughly $4.5 million, providing expert testimony the property was more correctly valued at $2.5 million. The board presented little evidence as to how its computer-aided appraisal was utilized, also insufficiently explaining market adjustments and specifics on figuring depreciation. The record is inadequate as to how the board’s valuation was determined compared to Kroger's well documented valuation. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: April 23, 2024, Case #: A-23-268, Categories: Evidence, Tax, Experts
J. Riedmann finds the district court properly denied defendant's motion to transfer his case to the juvenile court. Sufficient evidence supports allegations against the 16-year-old involving his sexual abuse of children, including one younger than 1 year old. Defendant's prior involvement with the juvenile court system, the allegations being made within three months of his return home, the severity of the allegations and the public’s need for protection makes retention in the district court proper. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: April 23, 2024, Case #: A-23-880, Categories: Juvenile Law, Sex Offender, Jurisdiction
J. Pirtle finds the county court properly divided the property in this marriage dissolution. Real estate conveyed to the couple by the ex-husband's parents was correctly found to be marital property, and the ex-husband was not entitled to a credit for the value of a vehicle that was paid off with proceeds from his workers compensation settlement. Affirmed in part.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: April 23, 2024, Case #: A-23-283, Categories: Family Law, Property, Workers' Compensation
J. Pirtle finds the trial court properly dismissed defendant's petition for postconviction relief without an evidentiary hearing. The 9-year-old victim reported defendant had sexually abused her when she was 3 or 4 years old, saying her mother made her available to defendant in exchange for drugs. Though information shared by the victim over several forensic interviews was not entirely consistent, defendant was not prejudiced by his counsel's not interviewing a previous forensic interviewer or another individual the victim had mistaken for defendant. The information would have been cumulative. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: April 23, 2024, Case #: A-23-230, Categories: Evidence, Sex Offender, Child Victims
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
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J. Welch finds the trial court properly convicted defendant, by no-contest plea, for possession of a firearm by a prohibited person, sentencing him to 6 to 8 years in prison. After responding to an early morning report of gunshots, officers found a bullet in the flat tire of a vehicle involved in the altercation. The gun connected to the bullet was later found in defendant's girlfriend's vehicle during a traffic stop. All sentencing factors were properly considered, including defendant's criminal record and claims of posttraumatic stress disorder. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: April 23, 2024, Case #: A-23-817, Categories: Evidence, Firearms, Sentencing
J. Pirtle finds the trial court properly convicted defendant for assault, attempted possession of a deadly weapon by a prohibited person and unauthorized use of a motor vehicle. Defendant admitted to assaulting the victim and stealing his vehicle and firearms after the two had been involved in a drunken altercation. Though defendant says the victim had shot at him and missed before he punched him and stomped on his head, sufficient evidence supports the convictions. The record is insufficient to review claims of ineffective assistance, containing no discussions between defendant and his attorney regarding claims of self-defense. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: April 23, 2024, Case #: A-23-1000, Categories: Assault, Weapons, Vehicle
J. Arterburn finds the district court improperly dismissed the swimming pool owner's breach of contract suit. The owner did not sign the third page of the pool remodel contract, which included the forum selection clause, and the court did not consider evidence relevant to whether an exception barred the clause's enforcement. Reversed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: April 23, 2024, Case #: A-23-572, Categories: Evidence, Jurisdiction, Contract
J. Welch finds the district court properly modified custody, parenting time and child support. Though the mother says no evidence shows she failed to cooperatively parent during a conflict involving a child's desire to change schools, she did bring one of the children into custody issues by influencing the child's decision to change schools and by filing a motion to have the child testify at trial. The evidence is sufficient to find a material change in circumstances affecting the children’s best interests. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: April 16, 2024, Case #: A-23-088, Categories: Family Law, Guardianship
J. Arterburn finds the trial court properly convicted defendant for criminal mischief. Surveillance video from the vandalized outpatient clinic, which was properly admitted, showed defendant breaking windows. All sentencing factors involving the costs incurred by the clinic and defendant's record of previous offenses were properly and fully considered. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: April 16, 2024, Case #: A-23-510, Categories: Evidence, Sentencing, Vandalism
J. Arterburn finds the trial court properly convicted defendant for operating a motor vehicle during revocation. Though defendant was observed in the driver's seat before the traffic stop, upon making contact officers found him lying down between seats, with a woman driving. Though defendant argues the woman's testimony was consistent with his claim he was never driving, jurors found the officers' testimony more credible, and credibility findings will not be reviewed. Affirmed in part.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: April 16, 2024, Case #: A-23-435, Categories: Evidence, Sentencing, Vehicle
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. 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. 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
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. 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. 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. 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