Justia Nebraska Supreme Court Opinion Summaries

Appellee filed a complaint for dissolution of marriage against Appellant. During the pendency of the dissolution case, Appellant filed a separate complaint for declaratory judgment seeking an order regarding the parties’ rights under a prenuptial agreement. In the declaratory judgment action, the district court found the agreement to be valid and enforceable. The Supreme Court vacated the order of the district court and remanded with directions to enter an order dismissing Appellant’s complaint for declamatory judgment, holding that the district court abused its discretion when it entertained Appellant’s declaratory judgment action when another action was pending involving the same parties and the same issues. View "Mansuetta v. Mansuetta" on Justia Law

Lindsay and Jennifer were involved in a committed relationship for several years but were never married. During their relationship, Lindsday gave birth to a son conceived by artificial insemination using an anonymous donor. After Lindsay and Jennifer separated, they continued to coparent Chase. Lindsay later married Jessica. Jennifer subsequently filed a complaint seeking to establish custody of Chase. Thereafter, Lindsay and Jennifer filed a petition for stepparent adoption. Jennifer sought to intervene in the adoption proceeding and also to stay the adoption proceeding pending resolution of the district court custody action. The county court denied relief. Jennifer appealed and moved to stay the adoption proceeding pending the outcome of her appeal. The court of appeals sustained the motion. The Supreme Court vacated the county court’s order, holding (1) the adoption statutes require that necessary consents, including the consent of the district court involved in a custody case involving the same child, be filed before a county court entertains the merits of any issue in the adoption proceeding; and (2) because the record in this case does not reflect the district court’s consent, the county court lacked the statutory authority to exercise jurisdiction over the adoption proceeding and lacked authority to rule on the merits of Jennifer’s intervention claim. Remanded. View "In re Adoption of Chase T." on Justia Law

The State moved to terminate the parental rights of both parents to Darryn C. Sharon J., the paternal grandparent of Darryn, filed a motion for custody after the mother and father had relinquished their parental rights to Sharon. As for the proceedings on the State’s motion to terminate parental rights, those proceedings were continued, and the record did not reflect the court’s disposition of the motion. After a hearing, the juvenile court issued an order overruling Sharon’s motion for custody. Sharon appealed. The Supreme Court dismissed Sharon’s appeal for lack of jurisdiction, holding that the juvenile court’s order was not final and appealable because the court had not completely disposed of the custody issue, and Sharon may still gain custody. View "In re Interest of Darryn C." on Justia Law

Appellants privately adopted the younger sister of Nizigiyimana R. (Ziggy) and sought the placement and eventual adoption of Ziggy. Ziggy’s younger sister who was born after Ziggy was removed the mother’s home and placed in the custody of the Nebraska Department of Health and Human Services but before the court terminated the parental rights of Ziggy’s parents. Appellants sought to intervene, on their daughter’s behalf, in the dependency proceeding, claiming a right to intervene because Neb. Rev. Stat. 43-1311.02 requires the Department to make reasonable efforts for a joint sibling placement. The juvenile court denied Appellants’ leave to intervene, concluding, inter alia, that the Nebraska statutes implementing the federal Fostering Connections to Success and Increasing Adoptions Act did not give appellants or their daughter any cognizable interests in the dependency proceeding. The Supreme Court affirmed, holding that the juvenile court correctly denied Appellants leave to intervene in this dependency proceeding. View "In re Interest of Nizigiyimana R." on Justia Law

After Child was born to Mother, Appellant agreed to care for Child until Mother was able to do so. Child was later returned to Mother but was subsequently placed temporarily with Appellant by order of the district court. Appellant filed a complaint seeking custody of Child, alleging that she stood in loco parentis to Child. After a custody trial, the district court awarded custody of Child to Appellant and awarded unsupervised visitation to Mother, finding this arrangement to be in the best interests of Child and consistent with parental preference. Mother appealed. The Supreme Court affirmed, holding that the district court did not err when it granted custody of Child to Appellant. View "Windham v. Griffin" on Justia Law

The juvenile court adjudicated twin brothers LeVanta S. and LeRonn S. under Neb. Rev. Stat. 43-247(3)(c) as mentally ill and dangerous. The brother were placed in out-of-home care. The juvenile court later changed the brothers’ permanency objective from family reunification to guardianship. Mother and Father appealed from this order in both cases. The Supreme Court reversed, holding (1) the juvenile court’s order affected a substantial right of the parents, and therefore, the order was a final, appealable order; and (2) the juvenile court exceeded its authority by adopting the permanency plan of guardianship in these cases where there had been no adjudication under Neb. Rev. Stat. 43-247(3)(a). Remanded. View "In re Interest of LeVanta S." on Justia Law

Appellants were the adoptive parents of Katherine, who was an older sibling of Nettie, the child who was the subject of this juvenile dependency proceeding. Appellants filed a complaint seeking to intervene on Katherine’s behalf to seek guardianship or adoption of Nettie. The court ultimately limited Nettie’s foster parents and Appellants to presenting evidence on their own qualifications to be Nettie’s adoptive parents. The juvenile court determined, after a hearing, that Nettie’s foster parents and Appellants were equally qualified to be foster parents but that it was in Nettie’s best interests to be placed with her foster parents because a joint-sibling placement with Appellants would be contrary to Nettie’s safety and well being. Appellants appealed. The Supreme Court dismissed the appeal, holding that Appellants had no right to appeal the court’s order on Katherine’s behalf, and therefore, the Supreme Court had no jurisdiction over Appellants’ purported appeal. View "In re Interest of Nettie F." on Justia Law

Clarence Devney petitioned for the dissolution of his marriage to Elizabeth Devney. The district court dissolved the marriage and divided the parties’ assets and debts and, in so doing, found that a postnuptial property agreement entered into by the parties was valid and enforceable and that the division of the martial estate was fair and reasonable. The Supreme Court reversed in part and vacated in part, holding (1) Nebraska statutes do not authorize postnuptial agreements to allocate the parties’ property rights upon separation or divorce unless such agreements are attendant upon the spouses’ separation or divorce, and therefore, the district court erred in enforcing the property agreement provision of the parties’ postnuptial agreement; and (2) the district court erred in its determinations of the marital residence’s value, the appropriate setoff for the marital residence, and the division of the marital debts and assets. Remanded. View "Devney v. Devney" on Justia Law

In 2015, the State filed a motion to terminate Mother’s parental rights to her minor child. After conducting a termination hearing, the juvenile court terminated Mother’s parental rights, finding by clear and convincing evidence that the State proved grounds for termination under Neb. Rev. Stat. 43-292(2),(6), and (7) and that termination was in the child’s best interests. On appeal, the Court of Appeals reversed, concluding that the State failed to adduce clear and convincing evidence that terminating Mother’s parental rights was in the child’s best interests. The Supreme Court reversed, holding that the State adduced clear and convincing evidence that termination was in the child’s best interests. Remanded. View "In re Interest of Alec S." on Justia Law

While they were married, Marcia and Gene Schlake purchased residential property as joint tenants. After the parties divorced, Marcia conveyed a remained interest in her undivided one-half interest to her two children but retained a life estate interest in her one-half interest. Marcia and her children later filed a complaint in partition regarding the property. Gene opposed the partition, noting that the parties’ divorce decree provided that they shall not sell the property unless they both agreed in writing. The district court granted summary judgment in Marcia’s favor and ordered that partition should be made. Gene then filed a motion to vacate the summary judgment order, raising as an affirmative defense that Marcia should be precluded from seeking partition as a matter of equity. The district court overruled the motion to vacate, concluding that Gene’s failure to present such an affirmative defense in response to Marcia’s summary judgment was not grounds to vacate the judgment. The district court then ordered that the premises be sold at public auction. Gene appealed, seeking review of several orders entered by the district court. The Supreme Court dismissed the appeal, holding that none of the orders were properly before the Court for review. View "Schlake v. Schlake" on Justia Law