Justia Nebraska Supreme Court Opinion Summaries

Upon dissolving the marriage of Mother and Father, the district court gave Father custody of the parties’ minor child. Father later moved to modify the amount of child support Mother paid, alleging that Mother’s income had materially increased. The district court increased Mother’s support obligation after allowing a deduction for Mother’s subsequent child and giving Mother a credit for the cost of health insurance premiums. The Supreme Court affirmed in part and reversed in part, holding that the district court (1) did not abuse its discretion by applying a deduction for Mother’s subsequent child; but (2) abused its discretion by giving Mother a credit for the amount that Mother paid for family health insurance coverage. Remanded. View "Schwartz v. Schwartz" on Justia Law

A Landlord leased separate properties to two different sets of Tenants using nearly identical written documents. This appeal concerned a dispute between the Landlord and Tenants regarding whether the leases were enforceable for their stated five-year terms or whether a clause providing for “annual review of rental rates” resulted in unenforceable “agreements to agree.” The Landlord sued the Tenants in separate actions, seeking a declaratory judgment to determine its rights under the leases. The district court concluded that the leases were valid and enforceable for their five-year terms. The Supreme Court affirmed as modified, holding that the terms of the leases were clear and unambiguous and contemplated only an annual review without requiring an annual agreement. View "Gibbons Ranches, LLC v. Bailey" on Justia Law

Plaintiff was a home inspector and the sole member of an LLC. Two years after Plaintiff inspected a house of the client of a real estate agent (“Agent”) affiliated with a brokerage firm (“Company”), the Agent sent an e-mail to the Company’s real estate agents and employees stating that Plaintiff was a “total idiot.” Plaintiff sued the Agent and the Company, alleging libel, false light invasion of privacy, and tortious interference with a business relationship or expectancy. The district court granted summary judgment for Defendants, concluding that a qualified privilege protected the e-mail and that the evidence failed to show that Plaintiff had a business relationship or expectancy with either the Agent or the Company. Defendant attempted to appeal for both himself and the LLC. The Supreme Court affirmed in part and reversed in part, holding (1) the district court did not err in its judgment regarding the claims asserted by Plaintiff in his personal capacity; and (2) the portion of the judgment as it related to the LLC must be vacated because, where Plaintiff was not licensed to practice law in Nebraska, his appeal for the LLC was a nullity. View "Steinhausen v. HomeServices of Neb., Inc." on Justia Law

Sanitary and Improvement District No. 1, Butler County, Nebraska (SID #1) filed two class action lawsuits in Cass County, Nebraska, alleging that various county treasurers unlawfully deducted an incorrect percentage of assessments of municipal improvements collected on behalf of SID #1 and other sanitary and improvement districts. The county treasurers filed motions to dismiss for failure to state a claim. The district court granted those motions, concluding that the sanitary and improvement districts are not municipal corporations and therefore do not create municipal improvements. SID #1 appealed. The Supreme Court consolidated the appeals and reversed, holding that SID #1 stated a cause of action because a sanitary and improvement district can levy municipal taxes and make municipal improvements. Remanded. View "Sanitary & Improvement Dist. No. 1 v. Adamy" on Justia Law

Defendant pleaded guilty to one count of second degree murder and one count of use of a firearm to commit a felony. The Court of Appeals affirmed. Defendant subsequently filed this action for postconviction relief, alleging ineffective assistance of trial and ineffective assistance of appellate counsel. The district court denied relief without holding an evidentiary hearing. The Supreme Court affirmed the judgment of the district court, holding that Defendant did not allege sufficient facts in his motion, if true, would entitle him to postconviction relief, and therefore, he was not entitled to an evidentiary hearing on his claims. View "State v. Armendariz" on Justia Law

Bradly Brothers received medical treatment at Kimball County Hospital after suffering injuries in a single-vehicle accident. After a chiropractor subsequently discovered multiple fractures in Brothers’ finger, Brothers filed a tort claim pursuant to the Political Subdivisions Tort Claims Act and later filed a complaint against Kimball County, the Hospital, and a Physician. The district court dismissed the County and entered summary judgment for the Hospital and the Physician. The Court of Appeals affirmed. The Supreme Court affirmed, holding (1) a county hospital is a separate legal entity from the county, and because the County in this case could have no liability under the facts alleged, any error by the district court in failing to allow Brothers to present evidence on the County’s motion to dismiss was harmless; and (2) the Hospital and Physician were properly dismissed due to Brothers’ failure to meet the Act’s filing requirements. View "Brothers v. Kimball County Hosp." on Justia Law

Falls City Economic Development and Growth Enterprise, Inc. (EDGE), a Nebraska nonprofit corporation, provided economic development services to the City of Falls City, Nebraska. Plaintiff, a Nebraska citizen, sought records relating to a specific economic development project in which EDGE was involved. EDGE denied the request on the basis that it was not a public entity and that its records were not public records. Plaintiff subsequently filed a complaint and motion for a writ of mandamus to compel production of the requested documents. The district court granted the writ, with the exception of certain documents it determined to be privileged. The Supreme Court vacated and reversed the writ of mandamus, holding that EDGE was not the functional equivalent of an agency, branch, or department of Falls City as a matter of law, and therefore, EDGE’s records requested by Plaintiff were not “public records” within the meaning of Neb. Rev. Stat. 84-712 and 84-712.01. Remanded with directions to dismiss. View "Frederick v. City of Falls City" on Justia Law

L.B. 1161, which was passed in 2012, allows major oil pipeline carriers to bypass the regulatory procedures of the Public Service Commission, instead allowing them to obtain approval from the Governor to exercise the power of eminent domain for building a pipeline in Nebraska. Appellees, a group of landowners, filed a complaint alleging that the bill violated the state Constitution’s equal protection, due process, and separation of powers provisions, as well as the Constitution’s prohibition of special legislation. The district court determined that L.B. 1161 was unconstitutional. Four members of the Supreme Court - a majority of its seven members - held that Appellees had standing to challenge the constitutionality of the bill and that the legislation was unconstitutional. However, because five judges of the Court did not vote on the constitutionality of the bill, the Court held that L.B. must stand by default. View "Thompson v. Heineman" on Justia Law

Defendant was convicted of intentional child abuse resulting in death and intentional child abuse resulting in serious bodily injury. The Supreme Court reversed the convictions and remanded for a new trial, holding (1) the trial court erred by allowing a witness, Defendant’s wife, to testify in the presence of the jury, knowing she would invoke her Fifth Amendment Privilege against self-incrimination; (2) the trial court erred in allowing the State to treat the witness as a hostile witness and continue to ask leading questions even after she refused to testify; (3) the trial court erred when it failed to either admonish or instruct the jury not to draw an inference from the witness’s invocation of her right against self-incrimination; and (4) all of the errors, taken together, amounted to reversible error. View "State v. Draper" on Justia Law

When Alexander was approximately twelve years old, he was placed in a program with Envisions of Norfolk, Inc. The juvenile court ordered that Alexander remain in the Envisions program until further order of the court. Less than two months later, Alexander was moved into a new foster home without further order of the court and without notice. The juvenile court found the Department of Health and Human Services and Nebraska Families Collaborative in contempt of court and ordered them to pay a fine of $5,000 or purge the contempt by complying with certain conditions. The Supreme Court affirmed, holding that the juvenile court (1) did not abuse its discretion in finding the Department to be in contempt of court; and (2) did not abuse its discretion in imposing the sanction. View "In re Interest of Zachary D." on Justia Law