Justia Nebraska Supreme Court Opinion Summaries

The Supreme Court reversed the judgment of the district court dismissing a petition filed by Stacy Ryan and her children (collectively, Stacy) challenging the validity of a 2015 will and codicil (2015 will) of Dr. Wayne L. Ryan, the late father of Stacy and her sister, Constance Ryan, holding that the district court abused its discretion when it dismissed this matter.Stacy argued that the 2015 will, which was subject to informal probate, was a product of undue influence and was not properly signed. The district court's order of dismissal was predicated on a joint stipulation for dismissal with prejudice, in which the estate and children of Wayne, except Constance, represented that they had resolved claims and defenses in this matter. The Supreme Court reversed, holding that the record did not show that all interested parties were protected in the proceeding, and therefore, the district court abused its discretion in dismissing this matter. View "In re Estate of Ryan" on Justia Law

The Supreme Court affirmed the decision of the district court affirming, with minor modifications, the judgment of the county court finding for Plaintiff on his first cause of action but against him on his second and third causes of action, holding that there was no error.Plaintiff, an attorney, sued his former clients alleging breach of contract per an hourly fee agreement, breach of contract per a contingency fee agreement, and fraudulent misrepresentation. The county court found for Plaintiff on his first cause of action but for Defendants on the remaining causes of action. The district court primarily affirmed. The Supreme Court affirmed, holding that Plaintiff was not entitled to relief on any of his allegations of error. View "Brauer v. Hartmann" on Justia Law

The Supreme Court vacated the order of the district court certifying that a certain prior order was a final judgment as to defendants other than Appellant in this case, holding that the certification was an abuse of discretion.This case arose in the context of estate planning carried out by the parents of five children, including Appellant. On appeal, Appellant argued that the district court erred in certifying a final judgment as to certain defendants under Neb. Rev. Stat. 25-1315 and that the court erred in overruling her motion to review the settlement agreement and instead approving the agreement. The Supreme Court vacated the order certifying a final judgment, holding that there was no final judgment because the district court did not make adequate specific findings to support certification under section 25-1315. View "Ryan v. Ryan" on Justia Law

The Supreme Court affirmed the judgment of the district court determining that social media posts directed toward local public figures from a public account of an officer of a local bank did not constitute misconduct in connection with work disqualifying the employee from unemployment benefits, holding that the district court did not err.The posts at issue were not sent from the employee's work, during work hours, or using the employer's equipment and did not contain information obtained in the capacity as an employee, mention the employee's position at the bank, or refer to coworkers or customers. The Department of Labor determined that the employee was disqualified for benefits for the week in which the discharge occurred plus fourteen weeks because he had been discharged for misconduct. The Appeal Tribunal reversed, holding that the employer's social media policy was insufficient to transform the employee's personal social media postings into misconduct connected with his work. The district court affirmed. The Supreme Court affirmed, holding that Defendant did not commit misconduct connected with his work, and therefore, the district court properly found that he was not disqualified for unemployment benefits. View "Pinnacle Bancorp v. Moritz" on Justia Law

The Supreme Court reversed the decision of the court of appeals affirming Defendant's plea-based convictions, holding that the court of appeals erred in concluding that the record as a whole demonstrated that his pleas were entered voluntarily and intelligently.Defendant was charged with eleven felonies. Pursuant to a plea agreement, Defendant entered a plea of no contest to three charges. Defendant appealed, arguing, among other things, that his no contest pleas were not entered freely, intelligently, voluntarily, understandingly, and knowingly. The court of appeals affirmed. The Supreme Court reversed, holding that the court of appeals erred in finding that Defendant's no contest pleas were voluntarily and intelligently entered because the record did not affirmatively show that Defendant understood his rights or that he expressly waived them. View "State v. Mead" on Justia Law

The Supreme Court dismissed this exception proceeding brought by the State following a trial in which Defendant was acquitted of use of a weapon to commit a felony and second-degree assault, holding that the issues presented were not appropriate for resolution in this exception proceeding.During the underlying trial, the State objected to the district court's instructing the jury on self-defense and defense of property, but the district court instructed the jury on both affirmative defenses. The jury subsequently acquitted Defendant on all counts. The State applied for leave to docket an exception proceeding. The Supreme Court dismissed the appeal, holding that because there was no dispute that Defendant was "placed legally in jeopardy" in court for purposes of Neb. Rev. Stat. 29-2316, this Court had no power to alter the judgment of the district court. View "State v. Valadez" on Justia Law

The Supreme Court reversed the judgment of the district court dismissing the underlying negligence complaint due to a lack of "solid evidence" as to the element of proximate cause, holding that Plaintiffs showed the existence of a material fact.Clay Block was killed when he fell from the balcony of his friend's second-story apartment. Block's estate and family (Plaintiffs) brought suit alleging that Defendants were negligent in failing to repair or replace the balcony railing despite notice that it was unsafe and in failing to warn Block that the railing was unsafe. The district court granted summary judgment for Defendants. The Supreme Court reversed, holding that Plaintiffs presented sufficient evidence to support their allegation of proximate cause to preclude summary judgment. View "Estate of Block v. Estate of Becker" on Justia Law

The Supreme Court reversed the order of the district court terminating Mother's parental rights, holding that the record did not contain clear and convincing evidence that termination of Mother's parental rights was in the children's best interests.After Mother and Father, the parents of three children, were divorced, Father received full legal and physical custody of the children. Mother later filed a complaint for modification of custody or parenting plan, alleging that Father had not complied with the divorce decree. Father filed a responsive pleading requesting termination of Mother's parental rights. The trial court found that, as to all three children, Father presented sufficient evidence to support three of the alleged statutory grounds for termination and that termination of Mother's parental rights was in the best interests of the children. The Supreme Court reversed, holding that there was not clear and convincing evidence that terminating Mother's parental rights was in the best interests of the children. View "Benjamin S. v. Crystal S." on Justia Law

The Supreme Court affirmed as modified the decision of the court of appeals applying the active appreciation rule to agricultural land in a marital property division, holding that the rule applies to such land.After the district court divided the marital estate Wife appealed, challenging the district court's classification, valuation, and division of the marital estate. The court of appeals reversed the district court's determinations regarding five parcels of land, determining that the active appreciation rule applies to farmland. The Supreme Court affirmed as modified, holding (1) the court of appeals properly applied the active appreciation rule to agricultural land; and (2) the court of appeals' decision is modified to decrease the marital value of one parcel by $20,000. View "Parde v. Parde" on Justia Law

The Supreme Court affirmed the judgment of the sentencing court calculating, in this case, jail credit under Neb. Rev. Stat. 47-503, holding that there was no error in the sentencing court's jail credit calculation.On October 22, 2021, Defendant was arrested and detained on the subject felony charges (the Hall County case) and was released from custody. On October 26, 2021, in a related case, Defendant was detained by U.S. Immigration and Customs Enforcement in the Hall County jail. Defendant was continuously detained in the Hall County jail until his sentencing on May 24, 2022. After sentencing, Defendant moved for an order nunc pro tunc requesting additional jail credit. The district court overruled the motion. The Supreme Court affirmed, holding that there was no error in the district court's determination that Defendant was entitled to ninety-four days of jail credit. View "State v. Castillo-Rodriguez" on Justia Law