12 results for 'judge:"Freudenberg "'.
J. Freudenberg finds the district court improperly dismissed the apartment owner's complaint. The owner alleges a notary public covered under the surety company���s bond improperly altered a property deed upon which the apartment owner is a grantee, and the court dismissed for failure to join the notary as a necessary party. Commas separating "notary" from ���sureties��� in the guiding statute suggest the legislature did not mean to require such a claim to group the notary public and the surety together in the same action. Reversed.
Court: Nebraska Supreme Court, Judge: Freudenberg , Filed On: April 25, 2024, Case #: S-23-357, Categories: Administrative Law, Property, Fiduciary Duty
J. Freudenberg finds the trial court properly convicted defendant for murder, as well as weapons charges, based on sufficient evidence. Officers discovered the victim after responding to a report of a bleeding body in the stairwell of an apartment building. Defendant was arrested, hiding in his girlfriend's mother's attic crawlspace, after the investigation turned up surveillance video showing he and his girlfriend and dog in the area at the time multiple witnesses heard sounds of a struggle, a dog barking, a woman's scream and a body falling down the stairs. Furthermore, counsel's objections to out-of-court statements were properly overruled and sustained. Affirmed.
Court: Nebraska Supreme Court, Judge: Freudenberg , Filed On: April 12, 2024, Case #: S-23-130, Categories: Evidence, Murder, Weapons
J. Freudenberg finds the district court properly exercised personal jurisdiction over the Colorado transport company, which alleged the natural gas producer breached a contract for transportation services when, due to cold weather, it was unable to utilize its reserve pipeline capacity and refused to pay its invoice for those dates. The court correctly entered judgment in favor of the gas producer, finding the transport company consented to personal jurisdiction in Nebraska by joining the producer's master escrow agreement, which contained an express consent to that jurisdiction and waiver of the personal jurisdiction defense. Affirmed.
Court: Nebraska Supreme Court, Judge: Freudenberg , Filed On: March 29, 2024, Case #: S-23-647, Categories: Energy, Transportation, Jurisdiction
[Consolidated.] J. Freudenberg finds the Nebraska Supreme Court lacks jurisdiction over the county court's dismissal of this business dispute. The partner in the home healthcare business filed suit against the other partner alleging fraud, corporate waste, embezzlement and threatening behavior toward employees. No claims appealed here were adjudicated by the court's order, which involved enforcement of one partner's vote expelling the other as a member of the LLC. The court did not enter judgment and did not make a determination that there was no just reason to delay appellate review of its decision abating and dismissing the complaint.
Court: Nebraska Supreme Court, Judge: Freudenberg , Filed On: February 2, 2024, Case #: S-23-157, Categories: Fraud, Due Process, Jurisdiction
J. Freudenberg finds the trial court improperly entered summary judgment against the Nebraska legislature candidate who sued Nebraska's Republican party for libel for its having sent mailers claiming she had been disciplined as a real estate agent and lost her license. Though the trial court found the mailers to be false, no malice was found. Texts presented by the candidate suggesting the party knew the statements were false are sufficient to find potential actual malice. Reversed.
Court: Nebraska Supreme Court, Judge: Freudenberg , Filed On: January 12, 2024, Case #: S-22-967, Categories: Elections, Fraud, Damages
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[Consolidated] J. Freudenberg finds the district court properly reversed and vacated the natural resources district board of directors��� determinations that certain landowners violated ground water management rules. The district���s attorneys were involved in the decision-making process of the case after exercising both investigative and prosecutorial roles, violating the landowners��� due process right to an impartial tribunal. Affirmed.
Court: Nebraska Supreme Court, Judge: Freudenberg , Filed On: December 15, 2023, Case #: S-23-169, Categories: Property, Water, Due Process
J. Freudenberg finds the district court improperly convicted defendant for possession of a controlled substance. The court found the search of defendant���s bedroom which yielded the controlled substance, after his arrest for DUI, was lawful according to terms of his already-ended probation on unspecified felonies and misdemeanors. The court pronounced that the probation terms were extended after the original term before conducting a hearing on an information to revoke probation. This is not permitted by the Nebraska Probation Administration Act. Reversed, vacated and remanded.
Court: Nebraska Supreme Court, Judge: Freudenberg, Filed On: November 3, 2023, Case #: S-23-056, Categories: Drug Offender, Probation, Search
J. Freudenberg finds the district court properly denied defendant's plea in bar. Defendant alleges that a trial on pending Uniform Controlled Substances Act charges would subject him to double jeopardy through a separate judgment of money forfeiture. Defendant failed to demonstrate he was punished by the forfeiture because he did not show he had an ownership interest in the forfeited money. The forfeiture sanction is civil, not criminal for purposes of a double jeopardy analysis. Affirmed.
Court: Nebraska Supreme Court, Judge: Freudenberg , Filed On: September 15, 2023, Case #: S-22-612, Categories: Drug Offender, Forfeiture, Double Jeopardy
J. Freudenberg finds the district court properly entered a decree of dissolution of marriage based on a written agreement between a husband and wife. Though the husband has been treated for cancer, it did not impede his ability to work. The 15-year alimony award gives him a reasonable opportunity to support himself and was not an abuse of discretion. No evidence was offered showing that a loan was not marital debt. All property was correctly divided. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Freudenberg, Filed On: August 4, 2023, Case #: S-22-693, Categories: Family Law, Property, Contract
J. Freudenberg finds the trial court properly convicted defendant for murder and use of a weapon to commit a felony. After a disagreement over items the victim purchased for defendant���s ���on-again, off-again��� girlfriend, defendant shot the victim nine times from the passenger seat of the girlfriend���s car as soon as the victim opened the door to exit his adjacent SUV. The girlfriend testified that defendant talked about killing the victim prior to the shooting, saying ���all I need is a clear shot.��� She and a passenger in the victim���s SUV also testified that defendant provoked the victim by saying ���fight me like a man��� in order to get him to exit his SUV. Testimony by a forensic expert who did not perform the autopsy, but interpreted crime scene and examiner photos was not prejudicial. Affirmed.
Court: Nebraska Supreme Court, Judge: Freudenberg, Filed On: July 14, 2023, Case #: S-22-169, Categories: Evidence, Firearms, Murder
[Consolidated.] J. Freudenberg finds the Nebraska Tax Equalization and Review Commission properly reversed three decisions of the Lincoln County Board of Equalization upholding the assessed value of a rent-restricted housing property for the 2018, 2019 and 2020 tax years. Because of the difficulty in determining which of conflicting income reports was most accurate, TERC reasonably concluded that the income-based approach would not result in actual value, leaving it free to consider a previous year���s valuation as evidence of the property���s value. Affirmed.
Court: Nebraska Supreme Court, Judge: Freudenberg, Filed On: June 23, 2023, Case #: S-22-665, Categories: Property, Tax
[Consolidated.] J. Freudenberg finds the trial court properly convicted defendant for possession of meth and DUI. Defendant���s no contest plea in a second drug distribution case waives his right to appeal all issues in both cases, with the state agreeing not to pursue enhancements and to dismiss a third case. Though defendant argues that his counsel was ineffective for allowing him to testify on his own behalf and for eliciting incriminating testimony in the first case, the claim is waived by the agreement. Dismissed.
Court: Nebraska Supreme Court, Judge: Freudenberg, Filed On: May 19, 2023, Case #: S-22-466, Categories: Drug Offender, Ineffective Assistance, Plea