Justia Nebraska Supreme Court Opinion Summaries

After a jury trial, Defendant was found guilty of driving under the influence (DUI), fourth offense. The district court determined that a conviction for driving while ability impaired (DWAI) in Colorado could be used to enhance Defendant's current DUI sentence and sentenced Defendant for three to five years' imprisonment. The court also revoked Defendant's license for fifteen years. The court of appeals affirmed. The Supreme Court reversed, holding that Defendant's DWAI conviction in Colorado could not be used to enhance the penalty for a conviction of DUI in Nebraska. Remanded with directions to vacate Defendant's sentence and to resentence him. View "State v. Mitchell" on Justia Law

Husband filed a complaint for dissolution of marriage from Wife. The couple had three minor children. A deputy county attorney filed the petition in the Douglas County Juvenile Court. The court dismissed the action for lack of prosecution. Husband filed a motion to reinstate. Wife then filed a complaint for dissolution in the Lancaster County District Court. Meanwhile, the Douglas County District Court reinstated the original case. At trial, the Douglas County District Court overruled Wife's motion to dismiss, concluding that its order to reinstate Husband's action related back to the date that Husband had filed the motion. The court also concluded it had jurisdiction over the subject matter despite pending juvenile proceedings involving two of the parties' children. The Supreme Court affirmed, holding (1) Douglas County District Court had jurisdictional priority over the Lancaster County District Court; and (2) because the parties did not comply with the procedural requirements for transferring a case to juvenile court, the juvenile court did not have jurisdiction. View "Molczyk v. Molczyk" on Justia Law

Appellee, an LLC, sought a refund from Kearney County of a portion of its 2006 personal property taxes, alleging the taxes were paid as the result of an honest mistake or misunderstanding. The County Board of Supervisors denied the refund. The district court sustained Appellee's petition in error and ordered the County to refund $480,411 to Appellee pursuant to Neb. Rev. Stat. 77-1734.01, concluding that Appellee had paid the taxes as the result of an honest mistake or misunderstanding. The Supreme Court reversed, holding that because Appellee paid the 2006 personal property taxes based upon a mistake of law, section 77-1734.01 afforded it no relief, and therefore, the district court erred in determining that Appellee was entitled to a refund. View "Kaapa Ethanol, LLC v. Kearney County Bd. of Supervisors" on Justia Law

Appellant owned a convention center. In the 2009 and 2010 tax years, the conference center was valued by the Sarpy County assessor at $23,400,000. Appellant protested that valuation to the Sarpy County Board of Equalization, which denied the request. The Tax Equalization and Review Commission (TERC) denied Appellant's appeal and valued the conference center at the amount previously valued by the county assessor. The Supreme Court affirmed, holding that TERC did not err in affirming the valuation of the property because Appellant failed to meet its burden of showing that the county's valuation was unreasonable and arbitrary, and therefore, TERC's decision was lawful, was supported by competent evidence, and was not arbitrary or capricious. View "JQH La Vista Conference Ctr. Dev. LLC v. Sarpy County Bd. of Equalization" on Justia Law

This was the second appeal in this case. Doctor, who was licensed to practice medicine in Nebraska and Washington, entered into an assurance of compliance with the Attorney General due to unprofessional conduct. The assurance of compliance was made part of Doctor's public record. Consequently, Doctor alleged that the Washington Department of Health learned via public record of the assurance of compliance and initiated a disciplinary action against him. Doctor was also made ineligible with the American Board of Family Medicine. Doctor filed a complaint against the Nebraska Department of Health and Human Services and the Attorney General alleging that the Attorney General fraudulently and negligently misrepresented the adverse effects of the assurance of compliance. The district court granted summary judgment in favor of Defendants, finding the misrepresentation claims to be contract claims subject to, and barred by, the State Contract Claims Act (Act). Doctor again appealed. The Supreme Court affirmed, holding that the district court did not err in finding that Doctor's claims were subject to, and barred by, the Act. View "Zawaideh v. Dep't of Health & Human Servs." on Justia Law

Law Firm represented Employee in a workers' compensation action against Employee's Employer. After a trial, Employee was awarded compensation, including medical expenses incurred by Employee with Medical Clinic. Employer paid sums owed to Medical Clinic pursuant to the award. Law Firm subsequently filed a complaint against Medical Clinic, seeking attorney fees under the common fund doctrine. Following a hearing, the district court dismissed Law Firm's complaint, concluding that Law Firm was not permitted to recover attorney fees from Medical Clinic under the doctrine. The Supreme Court affirmed, holding (1) the plain language of Neb. Rev. Stat. 48-125(2)(a) prohibits the charging of attorney fees against medical providers in workers' compensation court; and (2) the common fund doctrine may not be applied in this case to allow Law Firm a fee from Medical Clinic from the district court when it would not be entitled to such a fee from the workers' compensation court. View "Walentine, O'Toole, McQuillan & Gordon, LLP v. Midwest Neurosurgery, PC" on Justia Law

After Defendant pled no contest to third degree assault, the district court ordered Defendant to register under the Sex Offender Registration Act (SORA). The Supreme Court reversed and remanded for the district court to consider all the evidence in the record rather than just the factual basis for the plea in making its determination. On remand, the district court found by clear and convincing evidence that Defendant's crime involved sexual contact and ordered Defendant to register under SORA. The Supreme Court affirmed, holding that the district court did not err in finding by clear and convincing evidence that Defendant's crime involved sexual contact and in ordering Defendant to register under SORA. View "State v. Norman" on Justia Law

Selma Development, LLC (Selma) obtained a loan from TierOne Bank (TierOne) that was guaranteed with six individual guaranty agreements. Selma later defaulted on the note. The property was sold at a trustee's sale, but the sale price was insufficient to cover the debt. TierOne brought an action seeking payment from the guarantors (Defendants). After a hearing, the trial court concluded that the fair market value of the property greatly exceeded the amount received from the trustee's sale. The court then granted TierOne's motion for summary judgment and entered judgment against Selma for $306,230 and against Defendants for $586,229. The Supreme Court vacated the trial court's judgment remanded, holding (1) once the trial court determined that the fair market value of the property was greater than the amount received at the trustee's sale, it had to determine whether the Nebraska Trust Deeds Act applied to the guarantors, and accordingly, its order determining fair market value was not a final order; and (2) Defendants offered evidence which created a genuine issue of material fact regarding their defenses, precluding summary judgment. View "Selma Dev., LLC v. Great W. Bank" on Justia Law

While employed as a nurse, Appellant was attacked by a psychiatric patient at her place of employment. Appellant filed a workers' compensation case against Employer. The trial court found that Appellant suffered a compensable injury and that the incident caused an aggravation of a non-work-related condition. The trial court found medical treatment, including surgery, was necessary and reasonable. However, the court denied all compensation fro treatment and bills from medical providers other than one particular doctor, concluding that Appellant failed to produce evidence of a "chain of referral" for the medical providers and that some of the treatment Appellant received was not related to the incident. The Supreme Court reversed, holding that the trial court erred in requiring chain-of-referral proof for all medical treatment Appellant received, as Employer denied compensability for Appellant's injury, and Appellant was thereby entitled to choose her treating physicians and avoid the chain of referral. View "Clark v. Alegent Health Neb." on Justia Law

3RP Operating, Inc. filed a claim with a receiver for payment of operating expenses of an oil well. The receiver managed the oil well at issue and was appointed by the district court in an underlying case in which siblings disputed the assets of their parents' estate. The receiver denied 3RP's claim. 3RP intervened in the district court case, seeking payment based on contract and quantum meruit. The district court approved the receiver's denial of the claim for payment of services. The court of appeals affirmed, agreeing with the district court that because 3RP had no corporate existence during the time period for which it sought payment, its claim was correctly denied. The Supreme Court affirmed, holding that 3RP was not entitled to be paid for the operating expenses it sought because it did not legally exist during the time for which it sought payment. View "Sutton v. Killham" on Justia Law