Justia Nebraska Supreme Court Opinion Summaries

The Supreme Court affirmed the judgment of the district court construing the meaning of provisions in a divorce decree and incorporated property settlement agreement (PSA) regarding payment of post-majority child support to require Father to pay post-majority child support if certain conditions were met and denying Father’s request to modify such support. The Court held (1) once a decree for dissolution becomes final, its meaning, including the settlement agreement incorporated therein, is determined as a matter of law from the four corners of the decree itself; (2) the district court did not err in finding that the terms of the decree and incorporated PSA were ambiguous or in construing the decree and incorporated PSA to require Father to pay post-majority child support under certain circumstances; and (3) the district court did not err in denying Father’s complaint to modify the decree. View "Carlson v. Carlson" on Justia Law

The Supreme Court reversed the decision of the Nebraska Power Review Board (Board) transferring two newly annexed territories from the Elkhorn Rural Public Power District (ERPPD) to the City of Neligh’s electrical service area and assessing the economic impact at $490,445.90. At issue on appeal was what compensation was owed to ERPPD for reintegration costs under Neb. Rev. Stat. 70-1010(2)(b). The Court held that the Board’s actions were arbitrary, capricious, and unreasonable because the Board erred in failing to award compensation for reintegration costs under section 70-1010(2)(b) to ERPPD for the lost substation unit. View "In re Application of City of Neligh" on Justia Law

The Supreme Court affirmed the judgment against Borrowers in this action brought by Bank seeking to recover a deficiency owed by Borrowers after it exercised powers of sale under deeds of trust. On appeal, Borrowers argued, among other things, that the district court erred in awarding an excessive verdict for Bank that was unsupported by the evidence. The Supreme Court disagreed, holding (1) there was sufficient evidence to support the amount of damages awarded by the district court; and (2) the district court did not err by refusing Borrowers’ requested jury instructions. View "First National Bank North Platte v. Cardenas" on Justia Law

The Supreme Court affirmed the decision of the district court granting relief to Appellant in the form of a new sentencing hearing.Appellant was sentenced in 1974 to life imprisonment for a murder he committed when he was seventeen years old. After Miller v. Alabama, 567 U.S. 460 (2012), and State v. Mantich, 842 N.W.2d 716 (2014), were decided, Appellant filed a postconviction motion seeking a new sentencing hearing. The district court resentenced Appellant to 110 to 126 years in prison, with credit for time served. The court stated that Appellant would be eligible for parole after serving fifty-five years. Appellant appealed, arguing that the district court imposed an excessive sentence. The Supreme Court affirmed, holding that the district court did not abuse its discretion in resentencing Appellant to 110 to 126 years in prison. View "State v. Russell" on Justia Law

The Supreme Court affirmed the judgment of the trial court in favor of Defendants (collectively, the doctors) in this medical negligence action brought by the administrator of the estate of Paul Hemsley (the Estate). In the complaint, Plaintiff alleged that Defendants were negligent in the rendering of medical care and treatment to Hemsley. The jury found for the doctors. The Supreme Court affirmed, holding (1) the district court did not fail to perform its Daubert/Schafersman gatekeeping function in admitting the testimony of the doctors’ expert witnesses that Defendants met the standard of care; and (2) the district court did not err in overruling the Estate’s post trial motions. View "Hemsley v. Langdon" on Justia Law

In this special proceeding before Michael Heavican, the Chief Justice of the Nebraska Supreme Court, Heavican concluded that Robert Krist be included on the primary election ballot as a Democratic candidate for Nebraska governor.Tyler Davis objected to the inclusion of Krist’s name on the primary ballot, alleging that Krist’s candidate filing form was not effective because Krist made a change of political party affiliation in violation of Neb. Rev. Stat. 32-612. Nebraska Secretary of State John Gale denied the objection, determining that Krist was a nonpartisan registered voter with no political party affiliation prior to February 12, 2018, and therefore, his Nebraska voter registration application filed that day declaring his “Party Affiliation” as a Democrat was a declaration of a political party affiliation, not a change of political party affiliation. Heavican concluded that Gale properly denied Davis’ objection, concluding that non-partisan is not a “political party affiliation” but rather is the lack of a political party affiliation. View "Davis v. Gale" on Justia Law

The Supreme Court affirmed the order of the separate juvenile court transferring Steven S.’s case to county court, holding that there was no abuse of discretion in the transfer.The State charged Steven, a juvenile, with escape and simultaneously filed a motion to transfer Steven’s case from juvenile court to county court. The juvenile court concluded that the State had proved by a preponderance of the evidence that the matter should be transferred to county court. The Supreme Court affirmed, holding that, upon the Court’s de novo review of the record, the juvenile court did not abuse its discretion in ordering that Steven’s case be transferred to county court. View "In re Interest of Steven S." on Justia Law

The Supreme Court vacated the order of the county court overruling Kaitlyn Coble’s motion to seal the record of her citation for two misdemeanors that were subsequently dismissed and the order of the district court affirming the county court.On appeal, Coble argued that the district court erred by affirming the county court’s order overruling her motion to seal. The Supreme Court dismissed the appeal without reaching the merits of the appeal, holding that the county court lacked jurisdiction to consider Coble’s motion because the motion was not authorized by statute. As a result, the district court and this Court lacked jurisdiction to review the merits of the county court’s order. View "State v. Coble" on Justia Law

The Supreme Court vacated the order of the district court for Butler County that reversed the decision of the Butler County Board of Supervisors to deny an application by Butler County Landfill, Inc. (BCL) to expand its solid waste disposal landfill area located in Butler County.On appeal, the Board claimed that the district court erred in determining that the Board acted arbitrarily and capriciously when it denied BCL’s application. The Supreme Court dismissed the appeal without reaching the merits of the appeal, holding that the district court lacked jurisdiction to enter its order, and therefore, this Court lacked jurisdiction over this appeal. View "Butler County Landfill v. Butler County Board of Supervisors" on Justia Law

In this case brought by a former patient who sued his psychiatrist for medical malpractice, the Supreme Court affirmed the trial court’s grant of summary judgment for the psychiatrist. The Court held (1) the district court did not err in granting the patient a ninety-day continuance of the summary judgment hearing for only the limited purpose of giving the patient more time to hire an expert witness; (2) the district court did not err in relying on the psychiatrist’s affidavit in which he averred that he had met the applicable standard of care; and (3) the patient was not prejudiced by the court’s refusal to enter exhibit 35, which contained the patient’s first set of requests for admission and the psychiatrist’s responses, into evidence at the summary judgment hearing or by its denial of Lombardo’s motion for a protective order under HIPAA. View "Lombardo v. Sedlacek" on Justia Law