Justia Nebraska Supreme Court Opinion Summaries

The Supreme Court affirmed the decision of the court of appeals concluding that terminating Father's parental rights was not in reversing best interests and reversed the juvenile court's order terminating Father's parental right's to Child, holding that terminating Father's parental rights was not in Child's best interests.The county court, sitting as a juvenile court, terminated Father's parental rights and declined to impose a guardianship for Child. The court of appeals reversed the termination order and also vacated the order regarding the guardianship. The Supreme Court affirmed as modified, holding (1) the State and the guardian ad litem did not present clear and convincing evidence that terminating Father's parental rights was in Child's best interests; and (2) to the extent the court of appeals' opinion suggested that the juvenile court should place Child with his eternal grandmother as guardian, this Court disapproved of that suggestion and modified the opinion accordingly. View "In re Denzel D." on Justia Law

The Supreme Court affirmed the judgment of the district court denying Defendant's motion to withdraw his guilty pleas to criminal charges against him after he was sentenced but before the time to file a direct appeal had expired, holding that the district court lacked jurisdiction to consider Defendant's motion.Pursuant to a plea agreement, Defendant pled guilty to manslaughter and use of a weapon to commit a felony. After sentencing, Defendant filed a motion to withdraw his pleas on, among others, the grounds that his prior counsel had rendered ineffective assistance by advising him to enter into the plea agreement. The district court denied the motion, concluding that Defendant did not show that withdrawal was necessary to correct a manifest injustice. The Supreme Court affirmed, holding that the district court did not have the authority to allow Defendant to withdraw his pleas. View "State v. Boone" on Justia Law

The Supreme Court vacated the district court's judgment awarding attorney fees in this action brought over a dispute between a general contractor and a property owner related to a residential construction contract but otherwise affirmed the judgment, holding that there was no statute or uniform course of procedure that allowed recovery of attorney fees on this record.After Property Owner failed to pay a construction lien General Contractor filed a breach of contract action and sought to foreclosure on the lien. Property Owner counterclaimed. The district court entered judgment in favor of General Contractor. Thereafter, the district court granted prejudgment interest in the amount of $49,946 and attorney fees in the amount of $115,473. The Supreme Court vacated the judgment in part, holding that the district court (1) erred in awarding attorney fees pursuant to Neb. Rev. Stat. 52-157 of the Nebraska Construction Lien Act; and (2) Property Owner was not entitled to relief on her remaining allegations of error. View "BCL Properties, Inc. v. Boyle" on Justia Law

The Supreme Court vacated the order of the county court denying a motion to rescind and unwind a agreement entered into to settle Maronica B.'s personal injury claim against Davion Brewer and his automobile insurance carrier, holding that the county court lacked subject matter jurisdiction.Maronica sustained serious injuries when a car that Davion was driving and in which Maronica was a passenger collided with a school bus. Maronica's mother and then-conservator applied to the county court for permission to settlement Maronica's claims against Davion and his insurer. The county court authorized the settlement. Thereafter, Maronica's father, the successor conservator, moved to rescind and unwind the agreement on the grounds that the settlement potentially limited Maronica's recovery against non-settling parties. The county court denied the motion. The Supreme Court vacated the county court's order and dismissed this appeal, holding that the county court did not have subject matter jurisdiction. View "In re Guardianship & Conservatorship of Maronica B." on Justia Law

The Supreme Court affirmed the order of the Nebraska Tax Equalization and Review Commission (TERC) reversing three decisions made by the Lincoln County Board of Equalization upholding the assessed value of certain property for tax years 2018 through 2020, holding that TERC did not err in finding the Board's decision to uphold the valuations was arbitrary and unreasonable.The property at issue was subject to rent restrictions under the Internal Revenue Code. Appellant protested the 2018, 2019, and 2020 valuations of the property, and the Board of affirmed the county assessor's valuation for each year. After a hearing, TERC reversed. The Supreme Court affirmed, holding (1) TERC correctly determined that the property's assessed value was arbitrary and unreasonable for each year; and (2) TERC was permitted to consider all evidence of actual value on appeal and was not limited to the income approach. View "Lincoln County Bd. of Equalization v. Western Tabor Ranch Apartments, LLC" on Justia Law

The Supreme Court reversed the judgment of the county court in favor of the decedent's brother in this estate case, holding that, under the circumstances of this case, the county court erred.Jordon R. Wiggins died, leaving two minor children and an ex-wife. In response to a claim against the estate regarding life insurance coverage that Wiggins was required under the divorce decree to maintain for the children's benefit, Wiggins's ex-wife, as guardian and next friend of the minor children, his brother, and his father, as personal representative of Wiggins's estate, entered into a settlement agreement. Thereafter, the parties jointly filed a petition for a declaration of their rights and obligations under the agreement. The county court ruled in favor of the brother, and the ex-wife appealed. The Supreme Court reversed and remanded the cause with directions for the county court to rescind the agreement and conduct further proceedings, holding that a mutual mistake as to the existence of a fact that was a material inducement to the contract is not ground for reformation, although it may be ground for rescission. View "In re Estate of Wiggins" on Justia Law

The Supreme Court affirmed the order of the district court overruling Defendant's motion to transfer his case to juvenile court, holding that the district court did not abuse its discretion in denying the transfer.Defendant, who was charged with first-degree sexual assault, requested that the district court transfer his case to juvenile court, asserting that he was under the age of eighteen at the time of the alleged offense. After a hearing, the district court overruled the motion to transfer, finding that the State had met its burden to show that a sound basis existed for retaining jurisdiction of this matter in the district court. The Supreme Court affirmed, holding (1) this case was not moot; and (2) the district court properly exercised its discretion in overruling Defendant's motion to transfer his case to juvenile court. View "State v. Aldana Cardenas" on Justia Law

The Supreme Court affirmed the decision of the district court denying Appellant's petition for a writ of habeas corpus, holding that the district court had jurisdiction to determine the merits and correctly rejected the petition on its merits.Appellant, who was incarcerated at the Tecumseh State Correctional Institution, filed a petition for a writ of habeas corpus asserting that, under the relevant statutes, he had reached his mandatory discharge date, and seeking absolute discharge and release from custody. The district court denied a writ of habeas corpus and dismissed the petition, concluding that it was deprived of jurisdiction in the present matter but, even if it had jurisdiction, the petition failed on the merits. The Supreme Court affirmed, holding that the district court (1) had jurisdiction to consider the merits of the petition; and (2) did not err when it determined that Appellant's claim for habeas corpus relief was without merit. View "Schaeffer v. Gable" on Justia Law

The Supreme Judicial Court reversed the decision of the district court granting a partial summary judgment construing a long-term written lease between Owner and Tenant and, after a trial, entering a judgment regarding the parties dispute over minimum rent, holding that a factual issue existed precluding summary judgment.Owner sued Tenant for breach of contract after the parties could not agree when renegotiating minimum rent, alleging express breach of contract, declaratory judgment, and breach of the implied duty of good faith and fair dealing. The district court entered partial summary judgment in favor of Owner construing the lease but held that there were material facts in dispute as to whether Owner violated the implied duty of good faith and fair dealing when renegotiating. After a trial, the court entered judgment for Owner. The Supreme Court reversed, holding that the provision in the lease regarding minimum rent is ambiguous, and therefore, the court's entry of partial summary judgment on the issue must be reversed. The Court remanded the case for further proceedings. View "Brush & Co. v. W. O. Zangger & Son, Inc." on Justia Law

The Supreme Court affirmed Defendant's conviction of second degree murder, unlawful discharge of a firearm, and two counts of use of a weapon to commit a felony, holding that there was no error in the trial judge's evidentiary rulings.On appeal, Defendant argued that the district court erred in admitting evidence of his character, specifically that he conducted drug deals after the murder, he was the victim of a robbery, and he owned firearms. Defendant also challenged cellular telephone information obtained from a "tower dump." The Supreme Court affirmed, holding (1) there was no error in the admission of the challenged evidence; and (2) even if the cell phone tower dump was not a search and subject to Fourth Amendment protections, the order under 18 U.S.C. 86-2,106 allowing the dump was executed in good faith. View "State v. Elias" on Justia Law