Justia Nebraska Supreme Court Opinion Summaries

The Supreme Court dismissed these appeals involving a settlement regarding the distribution of the decedent's estate for lack of appellate jurisdiction, holding that the lower court's order was not final and appealable.After the decedent died, his widow retained an undivided one-half interest in land holds, and the other one-half interest went into a trust. One of the three children brought three separate actions against two of the three children and the widow, and the parties signed a mediated settlement memorandum. Thereafter, Plaintiff successfully moved in all three cases for the court to enforce the settlement memorandum the court issued an order finding the settlement memorandum to be valid and enforceable. Defendants appealed. The Supreme Court dismissed the appeals for lack of jurisdiction, holding that the order being appealed from was not a final judgment because it did not dispose fully of the underlying cases, which remained pending below. View "Paxton v. Paxton" on Justia Law

The Supreme Court affirmed the judgment of the juvenile court denying the motion to intervene filed by Red Lack Tribe of Chippewa Indians in this termination of parental rights matter, holding that there was no error.After the juvenile court granted the State's motion to adjudicate Children as minors for purposes of Neb. Rev. Stat. 43-247(3)(a) the State sought certification. The Tribe sought intervention, but the State argued against intervention because Children were not Indian children for purposes of ICWA. The juvenile court granted intervention but then vacated its order granting the Tribe's motion to intervene. The Supreme Court affirmed, holding that Children were not currently Indian children for purposes of ICWA, and the juvenile court did not err in denying the Tribe's motion to intervene. View "In re Manuel C." on Justia Law

The Supreme Court reversed the order of the district court terminating Mother's parental rights, holding that the record did not contain clear and convincing evidence that termination of Mother's parental rights was in the children's best interests.After Mother and Father, the parents of three children, were divorced, Father received full legal and physical custody of the children. Mother later filed a complaint for modification of custody or parenting plan, alleging that Father had not complied with the divorce decree. Father filed a responsive pleading requesting termination of Mother's parental rights. The trial court found that, as to all three children, Father presented sufficient evidence to support three of the alleged statutory grounds for termination and that termination of Mother's parental rights was in the best interests of the children. The Supreme Court reversed, holding that there was not clear and convincing evidence that terminating Mother's parental rights was in the best interests of the children. View "Benjamin S. v. Crystal S." on Justia Law

The Supreme Court affirmed as modified the decision of the court of appeals applying the active appreciation rule to agricultural land in a marital property division, holding that the rule applies to such land.After the district court divided the marital estate Wife appealed, challenging the district court's classification, valuation, and division of the marital estate. The court of appeals reversed the district court's determinations regarding five parcels of land, determining that the active appreciation rule applies to farmland. The Supreme Court affirmed as modified, holding (1) the court of appeals properly applied the active appreciation rule to agricultural land; and (2) the court of appeals' decision is modified to decrease the marital value of one parcel by $20,000. View "Parde v. Parde" on Justia Law

The Supreme Court vacated the order of the district court establishing paternity of twin children in Apurba Chatterjee and ordering joint legal and physical custody of the children, holding that Apurba lacked standing to seek a finding of paternity.Apurba brought this complaint seeking to establish paternity, custody, and support, alleging that Indraja Chatterjee, who was married to Indraneel Chatterjee, was pregnant with twins and that he was the biological father of the children. Apruba's motion for genetic testing of the children was granted, and results were returned indicating that there was a 99.9-percent statistical probability that Apurba was the children's biological father. The district court entered a decree finding that Apurba was the children's biological father and ordered joint legal and physical custody of the children. The Supreme Court vacated the order below, holding that Nebraska's paternity statutes do not allow for an alleged father to establish paternity over a child born to a married couple. View "Chatterjee v. Chatterjee" on Justia Law

The Supreme Court affirmed the judgment of the district court continuing an ex parte sexual assault protection order, holding that the sexual assault protection order was properly continued.Amanda F. was granted an ex parte sexual assault protection order against Daniel K. At the close of the evidence, the district court found that a statutory sexual assault offense had occurred, concluded that the risk of future harm was not a consideration under Neb. Rev. Stat. 28-311.11, the sexual assault protection order statute, and that the protection order should remain in effect for a period of one year. The Supreme Court affirmed the continuation of the sexual assault protection order, holding that Daniel did not carry his burden to show cause why the protection order should not remain in effect. View "Amanda F. v. Daniel K." on Justia Law

The Supreme Court affirmed the judgment of the county court finding that it was not in the best interest of the minor child at issue in this case to grant a petition to adopt the child (Child), whose parents died as the result of a murder-suicide, holding that there was no error.Child was five years old when her father killed her mother and then committed suicide. Thereafter, the Department of Health an Human Services (DHHS) took temporary protective custody of Child, who was adjudicated under Neb. Rev. Stat. 43-247(3)(a). The deceased couple's wills nominated Kelly, Child's biological maternal grandmother, as guardian for Child. Kelly filed a petition for guardianship of Child, after which Petitioners filed a petition for adoption. The county court denied the petition for adoption on the basis that it was not in Child's best interests to grant the petition. The Supreme Court affirmed, holding that the district court did not err in its best interests analysis. View "In re Adoption of Faith F." on Justia Law

The Supreme Court affirmed as modified the decision of the district court continuing a harassment protection against Justina R. in favor of Diedra T. and Diedra's two minor children, holding that the order must be modified to exclude the children.Dustina, Diedra, and Diedra's husband had sexual relations. Diedra later filed a petition to obtain a harassment protection order against Justina on behalf of herself and her children, alleging that after Diedra had ended the sexual relationship Justina had harassed her. The district court ruled in Deidra's favor to the as to the harassment protection order. The Supreme Court affirmed as modified, holding (1) there was sufficient evidence to continue the harassment protection order in Diedra, and there was no violation of Justina's due process rights during the proceedings; and (2) the record showed insufficient evidence to warrant continuing the harassment protection order as to the children. View "Diedra T. v. Justina R." on Justia Law

The Supreme Court affirmed the decision of the district court to enter an abuse protection order against Jamie P. in favor of her father, William P., following a hearing at which Jamie did not appear, holding that there was no error or abuse of discretion in the issuance of the protection order against Jamie.William filed a petition asking police to remove Jamie from his home due to her domestic abuse. The district court entered an order to show cause. Jamie did not appear at the show cause hearing, and the district court entered a domestic abuse protection order against her. The Supreme Court affirmed, holding (1) Jamie was properly served with prior notice; and (2) because this Court lacked an adequate record, it was required to presume that the evidence supported the district court's decision to grant a protection order against Jamie. View "William P. v. Jamie P." on Justia Law

The Supreme Court affirmed the judgment of the district court finding that a material change in circumstances had occurred sufficient to warrant modification of Appellee's alimony obligation, holding that there was no error.When the parties divorced, Appellee was earning $162,000 per year. Appellee was earning $200,000 per year when he was terminated. After the loss of his employment and the subsequent starting of his consulting firm, Appellee filed a motion for modification of his alimony obligation, also citing Appellant's increased income. The district court found a material change in circumstances and entered a new alimony schedule. The Supreme Court affirmed, holding that the district court did not abuse its discretion. View "Mackiewicz v. Mackiewicz" on Justia Law