Justia Nebraska Supreme Court Opinion Summaries

The State filed motions for termination of Mother’s parental rights to her five children due to abandonment, neglect, and aggravated circumstances. After a hearing, the county court granted the State’s motions to terminate Mother’s parental rights. The consolidated order was issued on April 4, 2016. On April 28, 2016, the court issued a consolidated order nunc pro tunc, which stated that the April 4 order would be vacated and reissued under the date of April 28 to allow the parties to have an appropriate amount of time to file an appeal. No party moved to vacate the April 4 order. Mother subsequently filed notices of appeal from the court’s April 28 order nunc pro tunc, arguing that the county court erred in finding that it was in the children’s best interests to terminate Mother’s parental rights. The Supreme Court dismissed the appeals, holding (1) the district court had no authority to issue its April 28 order; and (2) Mother failed to file notices of appeal within thirty days of the April 4 order, and therefore, this Court was without jurisdiction. View "In re Interest of Luz P." on Justia Law

After a jury trial, Defendant was found guilty of first degree murder and use of a weapon to commit a felony. Defendant was sentenced to life imprisonment plus ten to twenty years’ imprisonment. The Supreme Court affirmed the convictions and sentences. Defendant later filed a motion seeking postconviction relief, alleging that his trial counsel was ineffective in several ways. The district court denied the motion without an evidentiary hearing. The Supreme Court affirmed, holding that the district court did not err in finding that Defendant’s allegations of error were without merit and in thus denying postconviction relief. View "State v. Watson" on Justia Law

David Leon Frederick sent a public records request to the City of Falls City administrator requesting certain records in the physical custody of Falls City and the Falls City Economic Development and Growth Enterprise, Inc. (EDGE). The administrator provided records in the physical custody of Falls City, but EDGE’s executive director refused to provide the requested records to Frederick or Falls City, claiming that EDGE was not a public entity and that its records were not public records. The Supreme Court agreed with EDGE and reversed the district court’s order compelling EDGE to produce the requested records. After Frederick learned that Falls City did not produce all requested records in its possession pursuant to his public record request, he filed a motion to reopen his case against the City and EDGE. The district court denied the motion. The Supreme Court affirmed, holding that the district court did not abuse its discretion in overruling Frederick’s motion to reopen the case because reopening the case would not lead to any remedy for Frederick. View "Frederick v. City of Falls City" on Justia Law

Dan Anderson filed suit against Union Pacific Railroad Company under the Federal Employers’ Liability Act, asserting that he suffered permanent injuries resulting from a fall during the course of his employment. The jury returned a special verdict for Anderson and awarded him damages of $920,007, which included $266,925 for past medical expenses. On appeal, Union Pacific challenged, among other things, the district court’s instructions to the jury on res ipsa loquitur. The Supreme Court reversed, holding that the district court committed reversible error in instructing the jury on res ipsa loquitur and in overruling Union Pacific’s resulting motion for new trial. Remanded for a new trial. View "Anderson v. Union Pacific Railroad Co." on Justia Law

After an adjudicative hearing, the juvenile court found the three children of Mother and Father were within the meaning of Neb. Rev. Stat. 43-247(3)(a) as to both parents due to physical abuse. The State subsequently filed a supplemental petition alleging that all three children were within the meaning of section 43-247(3)(a). Father filed a motion to dismiss the supplemental petition for failure to state a claim upon which relief could be granted because the allegations were barred by claim and issue preclusion. The juvenile court agreed and dismissed the State’s supplemental petition. The Supreme Court vacated the order of dismissal, holding (1) the juvenile court erred by not converting the motions to dismiss into motions for summary judgment and allowing both parties an opportunity to produce evidence supporting their arguments; and (2) the doctrine of claim preclusion should not be strictly applied in abuse and neglect cases when doing so would fail to protect children from continuing abuse or neglect. Remanded for further proceedings on the supplemental petition. View "In re Interest of Noah B." on Justia Law

After a jury trial, Defendant was convicted of possession of a controlled substance (methamphetamine) and of driving under suspension. Defendant was sentenced to a mandatory minimum of ten years’ imprisonment to a maximum of fifteen years’ imprisonment on the possession of a controlled substance conviction and ninety days’ imprisonment for driving under suspension. Defendant appealed, asserting six assignments of error. The Supreme Court vacated Defendant’s conviction for driving under suspension, holding that there was insufficient evidence to sustain the conviction because there was insufficient evidence to show when Defendant’s driver’s license was suspended. The Court affirmed the judgment of the district court in all other respects, holding that all of Defendant’s other assignments of error were either without merit or constituted harmless error. View "State v. Rocha" on Justia Law

Appellants filed an amended complaint seeking to invalidate a contract between the City of North Platte, Nebraska and Priority Medical Transport, LLC on the ground that the City provided insufficient notice of its conflict of interest with Priority Medical Transport before awarding the contract. The district court dismissed the complaint for failure to state a claim. The Supreme Court reversed, holding that the complaint contained causes of action under both Neb. Rev. Stat. 84-1411 of the Open Meetings Act and Neb. Rev. Stat. 49-14,102 of the Nebraska Political Accountability and Disclosure Act, and therefore, the district court erred in dismissing the amended complaint. View "Tryon v. City of North Platte" on Justia Law

After Joel Woodward was convicted of driving under the influence (DUI) a second time, the Nebraska Department of Motor Vehicles (DMV) issued an order revoking Woodward’s commercial driver’s license (CDL) for life. Woodward did not appeal from the lifetime revocation. Woodward later filed motions asking the sentencing court to set aside both DUI convictions pursuant to Neb. Rev. Stat. 29-2264. The sentencing court set aside both DUI convictions. Woodward’s attorney subsequently wrote a letter to the director of the DMV asking that Woodward’s CDL be reinstated or that he be deemed eligible to reapply for a CDL. The director denied the request in a letter. Woodward filed an appeal pursuant to Neb. Rev. Stat. 60-4,105. The district court dismissed Woodward’s petition on several ground, including that it lacked subject matter jurisdiction because the director’s letter did not constitute a “final decision or order.” The Supreme Court affirmed, holding that the district court correctly dismissed the appeal for lack of subject matter jurisdiction because the letter from which Woodward appealed was not a “final decision or order” of the director or the DMV under section 60-4,105. View "Woodward v. Lahm" on Justia Law

After Douglas County Youth Center terminated Daniel Archie’s employment, Archie brought an administrative appeal. The Douglas County Civil Service Commission reversed the termination and ordered that Archie be reinstated. The district court affirmed. The court of appeals reversed the decisions of the district court and the Commission and ordered that the termination of Archie’s employment be reimposed, concluding that the district court’s order was arbitrary, capricious, and unsupported by sufficient, relevant evidence. The Supreme Court reversed, holding that sufficient, relevant evidence supported the Commission’s decision and that the decision was not arbitrary and capricious. View "Douglas County v. Archie" on Justia Law

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