Justia Nebraska Supreme Court Opinion Summaries

The Supreme Court reversed the decision of the court of appeals affirming the judgment of the district court granting summary judgment in favor of Defendant and dismissing with prejudice Plaintiff's action for damages arising from a motor vehicle accident, holding that Plaintiff's first amended complaint validly commenced a proceeding within the applicable limitations period.Plaintiff filed a complaint against the David Mach, the special administrator for the Estate of Leo Mach, alleging negligence. Because, after filing the complaint, Plaintiff learned that the estate had closed and that David had been discharged as special administrator, Plaintiff moved to reopen the estate and reappoint David as special administrator. The county court granted the motion, and Plaintiff served David with the summons and the original complaint. Plaintiff later moved to amend the complaint, which the court sustained. Plaintiff then filed a second amended complaint. The district court granted summary judgment for David, and the court of appeals affirmed, finding that the original filing was a nullity. The Supreme Court reversed, holding that Plaintiff's first amended complaint validly commenced. Proceeding within the applicable limitations period. View "Sparks v. Mach" on Justia Law

The Supreme Court vacated the order of the district court finding that the city council of the City of Fremont (Council) and the City of Fremont (City) lacked reasonable sufficient evidence to terminate a contract with the Dodge County Humane Society for animal control, holding that the district court lacked petition in error jurisdiction to review the decision.At a regularly scheduled meeting, the Council approved a motion authorizing Fremont's mayor to terminate the contract for animal control. The Humane Society later filed a petition in error alleging that the Council and the City had no cause to terminate the contract. Thereafter, the district court entered a temporary injunction / temporary restraining order in favor of the Humane Society. The County and City moved to dismiss, asserting that the Council's decision to authorize the mayor to send a letter was not an action that could support a petition in error. The district court sustained the petition in error and ordered the contract to be reinstated. The Supreme Court vacated the order below, holding (1) the Council did not exercise a judicial or quasi-judicial function in voting on the motion to send the disputed letter to the Humane Society; and (2) therefore, the district court lacked jurisdiction to review this action. View "Dodge County Humane Society v. City of Fremont" on Justia Law

The Supreme Court reversed in part the judgment of the district court granting Defendant's motion for a directed verdict in this breach of contract action and remanded the cause for a new trial, holding that the district court erred by granting a directed verdict on statute of frauds grounds.Defendant, a limited liability company, asked Plaintiff, a certified public accountant (and his professional corporation), to provide accountancy services in connection with Defendant's development of a residential neighborhood. After Plaintiff provided the agreed-upon services and Defendant failed to pay Plaintiff brought suit for breach of an oral contract. The district court granted Defendant's motion for a directed verdict, concluding that the parties' oral agreement was unenforceable because it fell under Neb. Rev. Stat. 36-202(1), a provision of the statute of frauds requiring agreements "not to be performed within one year" to be in writing. The Supreme Court reversed, holding (1) a reasonable jury could find the parties formed an enforceable contract; (2) because the contract did not have to be in writing under section 36-202(1), the district court erred in granting a directed verdict on that ground; and (3) there was no other basis upon which to grant a directed verdict. View "Bruce Lavalleur, P.C. v. Guarantee Group, L.L.C." on Justia Law

The Supreme Court affirmed the judgment of the trial court convincing Defendant of first degree murder and use of a weapon to commit a felony, holding that Defendant was not entitled to relief on his allegations of error.Specifically, the Supreme Court held (1) the evidence to sufficient to support the jury's verdicts; (2) there was no juror misconduct during deliberations when jurors allegedly discussed the reputation of the victim's family members and their potentially seeking revenge; (3) the trial court did not err by finding the averment of a juror about the disputed juror statements inadmissible under Neb. Rev. Stat. 27-606(2) and finding that the exception for "extraneous prejudicial information" did not apply to the juror's testimony; and (4) trial counsel did not provide ineffective assistance of counsel. View "State v. Allen" on Justia Law

The Supreme Court affirmed the judgment of the district court imposing both imprisonment and post-release supervision in a criminal case, holding that there was no merit to Appellant's claims on appeal.Appellant pleaded no contest to a Class IIIA felony and a Class I misdemeanor. The district court sentenced Appellant to a term of imprisonment and to one year of post-release supervision. The Supreme Court affirmed, holding (1) any alleged error regarding Appellant's purported failure to be advised of the conditions of her post-release supervision did not prejudicially affect Appellant's substantial rights; (2) the district court did not impose excessive sentences; and (3) Appellant's last assignment of error was moot. View "State v. Applehans" on Justia Law

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