Case Results

NEBRASKA SUPREME COURT CASES:

Family Law

• Simms v. Friel, 302 Neb. 1, 921 N.W.2d 369 (2019)
  • The trial court entered an order granting maternal grandmother temporary visitation. Father appealed and the Court of Appeals dismissed the appeal as moot. The Supreme Court found that the temporary order did not affect a substantial right, which meant it was not a final and appealable order.
• Donald v. Donald, 296 Neb. 123, 892 N.W.2d 100 (2017).
  • On appeal, the Supreme Court held that Husband’s lump-sum disability payment from military service should have been excluded from the marital estate.
• Stanosheck v. Jeanette, 294 Neb. 138, 881 N.W.2d 599 (2016).
  • The Supreme Court held investment earnings accrued during marriage on nonmarital portion of a party’s retirement account were nonmarital if the growth is readily identifiable and traceable to the nonmarital potion of the account and the growth was due solely to inflation, market forces, or guaranteed rate, and not direct or indirect efforts of the parties.
• Steffy v. Steffy, 287 Neb. 529, 843 N.W.2d 655 (2014).
  • The Supreme Court reversed the Nebraska Court of Appeals which had found that the Father had met his burden of proof and thereby reversed the trial court. The Nebraska Supreme Court affirmed the trial court’s finding that Father failed to meet his burden to show that removing the minor child to the State of Texas was in child’s best interest.
• Desjardins v. Desjardins, 239 Neb. 878, 479 N.W.2d 451 (1992).
  • The Supreme Court held that an increase in ex-husband’s income after the dissolution of the marriage was not a material change in circumstances that would warrant modification of alimony payment. The case hinged on whether the Decree was a “consent” decree or a decree issued after a trial was held on the merits. In making their finding, the Supreme Court held that a “consent” decree carries more weight than a trial decree insofar as the parties bargained for a certain outcome, and the courts ought to give more deference to that agreement.

Civil Litigation

• Streck, Inc. v. Ryan Family, LLC, 297 Neb. 773, 901 N.W.2d 284 (2017).
  • In an action by commercial tenant against its landlord for breach of lease agreement containing an option to purchase real property, a member of the LLC moved to intervene. The Supreme Court held the member’s interest in the LLC did not provide her the right to intervene on own behalf or on the LLC’s behalf.
• Wayne L. Ryan Revocable Trust v. Ryan, 297 Neb. 761, 901 N.W.2d 671 (2017).
  • Where income beneficiaries of a revocable trust sought to intervene in suit alleging shareholder oppression and breach of fiduciary duty, the Supreme Court held the income beneficiaries were not entitled to intervene.
• Thomas & Thomas Court Reporters, LLC v. Switzer, 283 Neb. 19, 810 N.W.2d 677 (2012).
  • In an action filed by court reporting business against law firm and attorney for payment of services, the Supreme Court held that the firm (not its clients) was liable for payment for services and the attorney was not individually liable to company for payment for court reporter services.

Fraternal Order of Police

• Schaffer v. Cass County, 290 Neb. 892; 863 N.W.2d 143 (2015)
  • A county sheriff’s deputy 30-day appeal period began to run when the Cass County Merit Commission’s ten-day suspension judgment was written, certified, and delivered to the deputy’s attorney – not when the Commission orally pronounced its ruling.

NEBRASKA COURT OF APPEALS:

Family Law

• State of Nebraska obo Anya S. and Jayda S. v. Xavier D. and Amanda S., A-18-1150, 2019 WL 4793191 (2019) (NOT DESIGNATED FOR PERMANENT PUBLICATION).
  • The Court of Appeals reversed the trial court’s award of joint legal and joint physical custody and found it was in the best interests of the minor children to award Mother legal and physical custody subject to Father’s reasonable parenting time.
• Wiech v. Wiech, 23 Neb.App. 370, 871 N.W.2d 570 (2015).
  • The Court of Appeals reversed part of the District Court’s order and remanded to equitably divide Husband’s accrued sick leave.
• Angela C. & Andrew G. obo Anthony G. v. Vacek, A 15-0377 (2015) (NOT DESIGNATED FOR PERMANENT PUBLICATION).
  • The Court of Appeals reversed the entry of a harassment protection order, finding there was insufficient evidence of harassment.
• Kouba v. Kouba, 2014 WL 4198276 (2014) (NOT DESIGNATED FOR PERMANENT PUBLICATION).
  • The Court of Appeals affirmed the dismissal of Father’s application to modify his child support obligation for failure to prove a material change in circumstances since the entry of the decree.
• Loseke v. Loseke, A-12-655, 2013 WL 2106816 (2013) (NOT DESIGNATED FOR PERMANENT PUBLICATION).
  • The Court of Appeals upheld the order granting summary judgment in a modification of a dissolution of marriage action.
• Grange v. Grange, A-07-680, 2008 WL 886211 (2008) (NOT DESIGNATED FOR PERMANENT PUBLICATION).
  • Court of Appeals upheld trial court’s denial of Mother’s application to modify a dissolution of marriage decree.
• Townsend v. Blain, A-94-760, 1995 WL 711535 (1995) (NOT DESIGNATED FOR PERMANENT PUBLICATION).
  • The Court of Appeals affirmed a trial court’s order awarding custody of the minor child to Mother.

Criminal Law

• State v. Merrick, 3 Neb.C.A. 939, 1993 WL 191690 (1993) (NOT DESIGNATED FOR PERMANENT PUBLICATION).
  • The Court of Appeals upheld a trial court order suppressing the evidence in a possession of a controlled substance and possession of marijuana case.
• State v. Salcedo, 1 Neb.C.A. 2447, 1992 WL 359089 (1992) (NOT DESIGNATED FOR PERMANENT PUBLICATION).
  • The Court of Appeals remanded action to the trial court to amend the sentencing order to reflect what was stated and pronounced at the hearing on sentencing.

Civil Litigation

• Klein v. Wergin, A-19-17, 2019 WL 5576343 (2019) (NOT DESIGNATED FOR PERMANENT PUBLICATION).
  • The Court of Appeals vacated a domestic abuse protection order on the basis that there was no evidence showing that Defendant engaged in domestic abuse.
• Abante, LLC v. Premier Fighter, L.L.C., 19 Neb.App. 730; 814 N.W.2d 109 (2012).
  • The Court of Appeals found that the granting of summary judgment in favor of borrower’s creditor, which did not resolve the remaining claims against other defendants, was not a final order for purposes of appeal. The Court of Appeals dismissed the initial appeal.
  • Subsequent appeal at Abante, LLC v. Premier Fighter, L.L.C., 21 Neb. App. 53, 836 N.W.2d 374 (2013). The Court of Appeals upheld the grant of summary judgment against party who did not have knowledge of other party’s fraud, acted in good faith, and had a valid legal basis to retain the funds it received. The legal theory of assumpsit was explained in great detail in this opinion.
• Channell Const. Co., Inc. v. Rubin, A-09-1165, 2010 WL 3958846 (2010) (NOT DESIGNATED FOR PERMANENT PUBLICATION)
  • The Court of Appeals determined there were issues of material fact pertaining to two issues in Plaintiff’s Complaint. The Court reversed the grant of summary judgment on those two issues but affirmed the trial court in all other respects.
• Bazar v. Dept. of Motor Vehicles, 17 Neb.App. 910, 774 N.W.2d 433 (2009).
  • The Court of Appeals reversed the trial court’s finding that the administrative rule providing that any driver whose operator’s license has been suspended for a period of 1 year, pursuant to Neb. Rev. Stat. §60-498.02 (Reissue 2004), is ineligible for an employment driving permit was consistent with the legislative intent expressed in the statutes.
• Aflague v. Luger, 8 Neb.App. 150, 589 N.W.2d 177 (1999).
  • The Court of Appeals reversed the trial court verdict in a personal injury case for failing to give proper jury instructions regarding an “eggshell-skull” plaintiff.

Fraternal Order of Police

• Parent v. City of Bellevue Civ. Serv. Comm’n, 17 Neb.App. 458; 763 N.W.2d 739 (2009).
  • The Court of Appeals reversed a decision terminating the employment of a Bellevue Police Officer, determining that the employee had satisfied the objective standards of the physical fitness policy.

Probate/Estates

• In re Estate of Howard, A-15-648, 2017 WL 4390436 (2017) (NOT DESIGNATED FOR PERMANENT PUBLICATION).
  • The Court of Appeals affirmed the decision of the county trial which found the decedent’s nephew was excluded from the estate and certain bank accounts were part of the estate, not gifts to the nephew.