Justia Nebraska Supreme Court Opinion Summaries

The Supreme Court dismissed in part, vacated in part, and reversed in part the judgment of the district court in favor of Plaintiffs in this lawsuit alleging negligence, unjust enrichment, and seeking a constructive trust, holding that the district court erred.In this lawsuit over the failure to change the beneficiary on the decedent's life insurance, Plaintiffs Michael Zook and Teresa Chramosta, as copersonal representatives of the estate of Robert Zook and in their individual capacities, and Robin Kuhlman, in her individual capacity, sued Jerry Zook, alleging unjust enrichment and seeking a constructive trust, and John Marshall, alleging negligence. The district court ruled in favor of Plaintiffs, found Defendants jointly and severally liable for $200,000, and imposed a constructive trust on the insurance proceeds in Jerry's possession. Marshall and Jerry appealed. The Supreme Court dismissed Marshall's appeal as a result of his death, reversed the district court's finding that Jerry was unjustly enriched and in imposing a constructive trust, and vacated the order imposing the constructive trust, holding that the district court erred on this issue. View "Zook v. Zook" on Justia Law

The Supreme Court affirmed the judgment of the district court denying Defendant's motion to withdraw his no contest pleas to six felony charges, holding that there was no error.After the district court accepted Defendant's no contest pleas, Defendant filed a motion to withdraw his pleas, claiming that he wanted to withdraw his pleas so that he could obtain a second opinion as to his sanity at the time of the charged offenses. The district court denied the motion to withdraw. The Supreme Court affirmed, holding (1) the district court did not abuse its discretion by overruling Defendant's motion to withdraw his pleas; and (2) the record was insufficient to review Defendant's claim of ineffective assistance of counsel on direct appeal. View "State v. Warner" on Justia Law

The Supreme Court affirmed the judgment of the county court dismissing Appellant's petition for appointment of a guardian over her daughter, Appellee, holding that the county court did not err in excluding a report created by the guardian ad litem (GAL) from evidence.After Appellee was arrested and detained Appellant petitioned to have the Office of the Public Guardian appointed as guardian over Appellee. The GAL then filed its report regarding Appellee's medical history. After a trial, the county court granted Appellee's motion to dismiss, ruling that Appellant had failed to make a prima facie case for appointment of a permanent guardian. View "In re Guardianship of Jill G." on Justia Law

The Supreme Court reversed the judgment of the county court finding that Appellants had committed breach of trust and had taken trust assets and ordering damages against Appellants by default judgment, holding that the findings of the county court were in conflict with the relief granted and did not conform to the law.After a trial, the court entered judgment against Appellants jointly and severally. Appellants filed a motion seeking a new trial for lack of personal jurisdiction, insufficiency of process, and insufficiency of service of process, which the trial court denied. The Supreme Court reversed, holding that the county court's judgment was contrary to its own findings and that remand for further proceedings was required. View "In re Masek Family Trust" on Justia Law

The Supreme Court affirmed Defendant's conviction of one count of first degree sexual assault and sentence of four to ten years' imprisonment, holding that each of Defendant's assignments of error was without merit.On appeal, Defendant argued that the district court abused its discretion in certain evidentiary rulings, by denying his motion to continue, and in imposing an excessive sentence. The Supreme Court affirmed, holding (1) the district court did not abuse its discretion in its challenged evidentiary rulings; (2) there was no abuse of discretion in the denial of Defendant's motion to continue; and (3) the court did not abuse its discretion in imposing a sentence of four to ten years' imprisonment on Defendant. View "State v. Abligo" on Justia Law

The Supreme Court affirmed the order of the district court granting summary judgment to Keating, O'Gara, Nebved & Peter, LLC (collectively, KONP) after finding that Plaintiff's defamation claim was not supported by evidence of actual malice or special damages and that certain statements attribution to KONP were absolutely privileged, holding that there was no error.In a vote, Bellevue Police Officers Association (BPOA) members expressed no confidence in Plaintiff, former chief of police for Bellevue. KNOP, a law firm representing BPOA and BPOA members, drafted a press release issued by BPOA addressing allegations of misconduct against Plaintiff. Plaintiff filed suit against KNOP alleging, among other claims, that he was defamed and placed in a false light by the press release. The district court granted summary judgment for KNOP. The Supreme Court affirmed, holding that the district court did not err or abuse its discretion in (1) admitting certain testimony; (2) finding that Plaintiff's false light claim was subsumed; (3) concluding that Plaintiff's civil conspiracy claim failed; and (4) finding that certain statements were absolutely privileged. View "Elbert v. Young" on Justia Law

The Supreme Court affirmed the district court's judgment affirming the Nebraska Department of Revenue's denial of Gelco Fleet Trust's claim for a refund on sales tax it allegedly overpaid on the purchase price of a new vehicle, holding that there were no errors on the record.Gelco submitted a claim for refund of sales tax, which the Department denied. On appeal, the district court affirmed the Department's decision, determining that the Department properly included the disputed amount in the sales price and calculation of sales tax. The Supreme Court affirmed holding that the district court's determination conformed to the law, was supported by competent evidence, and was neither arbitrary capricious, nor unreasonable. View "Gelco Fleet Trust v. Neb. Dep't of Revenue" on Justia Law

The Supreme Court affirmed Defendant's conviction and sentence for driving under the influence (DUI), fourth offense, and driving during revocation, second offense, holding that there was no merit to Defendant's assigned errors.After a jury trial, Defendant was found guilty of non-aggravated DUI and of driving during revocation and sentenced to a term of imprisonment. The trial court further revoked Defendant's operator's license for a period of fifteen years following his release from incarceration. On appeal, Defendant alleged five instances of error, including the denial of his motion to suppress. The Supreme Court affirmed, holding (1) the district court did not err in finding that Defendant's warrantless blood test was reasonable for purposes of the Fourth Amendment; (2) there was no error in the district court's challenged evidentiary rulings; (3) the evidence supported the convictions; and (4) Defendant's challenges to the sentences imposed were unavailing. View "State v. Miller" on Justia Law

The Supreme Court reversed the findings entered by the district court upon the court's determination that this case had been improperly reinstated after the district court voluntarily dismissed their case without prejudice, holding that the district court erred in dismissing this case.Plaintiffs filed a complaint against Defendants, asserting two counts of undue influence and one count of fraud in the inducement regarding the devise of certain real estate by the parties' mother. Plaintiffs later filed a voluntary dismissal of the action without prejudice. The trial court effectively treated the dismissal as a motion dismissing without prejudice then granted the motion. Plaintiffs subsequently filed a motion to vacate/reinstate, which the court sustained. The district court then dismissed the case based upon Plaintiffs' previously filed voluntary dismissal without prejudice. The Supreme Court reversed, holding that, at the time Plaintiffs filed their voluntary dismissal, a final submission had occurred, divesting Plaintiffs of their statutory ability to voluntarily dismiss their case under Neb. Rev. Stat. 25-601. View "Schaaf v. Schaaf" on Justia Law

The Supreme Court vacated the order of the the district court revoking Defendant's probation and sentencing him to three years of imprisonment, holding that the district court plainly erred in failing to impose mandatory post-release supervision as part of Defendant's total sentence.Defendant pleaded no contest to two counts of possession of a deadly weapon by a prohibited person and a third degree domestic assault. The district court sentenced Defendant to a thirty-month term of intensive supervised probation. Later, the State amended the motion to revoke probation. The district court revoked Defendant's probation but did not impose post-release supervision. The Supreme Court vacated the decision below and remanded the case with directions to modify the sentences, holding that the trial court committed plain error by failing to impose post-release supervision. View "State v. Roth" on Justia Law