Justia Nebraska Supreme Court Opinion Summaries

The Supreme Court affirmed the judgment of the district court concluding that it lacked jurisdiction over this petition in error, holding that the district court did not err when it dismissed the petition for lack of jurisdiction.After a hearing involving the presentation of sworn testimony and other evidence conducted pursuant to procedures in the relevant collective bargaining agreement (CBA), a grievance committee of a county with fewer than 150,000 residents decided that the managerial and disciplinary rights of the CBA permitted the county department of corrections to forbid a correctional officer from working certain shifts due to a prior disciplinary action. The correctional officer filed a petition in error, which the district court dismissed for lack of jurisdiction. The Supreme Court affirmed, holding that the district court did not err in determining that it lacked jurisdiction because no statute specifically requires an evidentiary hearing before a grievance committee and because the committee decided matters of law concerning the meaning of the CBA rather than matters of disputed fact. View "Champion v. Hall County" on Justia Law

The Supreme Court affirmed the order of the district court affirming the decision of the Nebraska Law Enforcement Training Center (NLETC) denying Plaintiff's application to obtain certification to work in law enforcement in Nebraska, holding that the district court did not commit plain error.Plaintiff, who previously served as a law enforcement officer in Georgia, applied to obtain certification to work in Nebraska law enforcement. In denying the application, the NLETC determined that Plaintiff had provided answers regarding his personal background that were untrue and failed to disclose requested information. After an administrative hearing, the Police Standards Advisory Council upheld the decision. The district court affirmed. The Supreme Court affirmed, holding that the district court did not plainly err by upholding the denial of Plaintiff's application for reciprocity certification. View "Swicord v. Police Standards Advisory Council" on Justia Law

The Supreme Court affirmed the judgment of the juvenile court finding that Victor L. was not competent to be adjudicated and dismissing the State's petition alleging that Victor had been habitually truant from school and fell within the meaning of section 43-247(3)(b), holding that the juvenile court did not err.After a competency review, the court found that Victor was not competent and dismissed the truancy proceeding on that basis. The Supreme Court affirmed the juvenile court's preadjudication dismissal of the truancy petition based on Victor's lack of competency to participate in the proceedings, holding (1) the plain language of Neb. Rev. Stat. 43-258 recognizes, as a matter of public policy, the juveniles accused of delinquency and status offenses have a statutory right to be competent to participate in adjudication proceedings; and (2) the juvenile court did not abuse its discretion in dismissing the petition. View "In re Interest of Victor L." on Justia Law

The Supreme Court reversed the order of the county court purporting to discharge the Office of Public Guardian (OPG) and appoint the ward's parents as successor coguardians over their objection, holding that the parents had standing to appeal and that the Public Guardianship Act, Neb. Rev. Stat. 30-4101 to 30-4118, did not permit the discharge of the OPG.Nicholas was an adult with severe mental illness who was in need of a guardian. His parents served as his court-appointed coguardians until they petitioned to have the OPG appointed as Nicholas's guardian pursuant to the Act. The county court appointed the OPG as Nicholas's guardian, but OPG later filed a motion for discharge, asserting that Nicholas's parents should be named successor guardians. After a hearing, the court granted the OPG's motion for discharge and directed that Nicholas's parents be appointed his successor coguardians. The Supreme Court reversed, holding that the OPG failed to prove that its services were no longer necessary, and therefore, the county court erred in discharging the OPG under section 30-4117. View "In re Guardianship of Nicholas H." on Justia Law

In this quiet title action for adverse possession of a small parcel of land adjacent to parcel on which Lillie Brown's home stood, the Supreme Court affirmed the decision of the district court granting Brown's motion for summary judgment and finding that she had adversely possessed the parcel of land at issue, holding that the district court did not err.After learning that she did not own the parcel at issue, Brown filed her motion to quiet title. The district court granted summary judgment for Brown and quieted title in her favor. The Supreme Court affirmed, holding that the district court did not err in its evidentiary rulings and properly granted summary judgment in favor of Brown. View "Brown v. Morello" on Justia Law

The Supreme Court affirmed the judgment of the trial court denying Defendant's motion for postconviction relief, holding that the arguments contained in Defendant's appeal were without merit.Defendant was convicted of motor vehicle homicide, manslaughter, leaving the scene of a personal injury accident resulting in serious bodily injury or death, and driving without an ignition interlock device. Defendant brought a postconviction action challenging his convictions, arguing that at trial and on direct appeal his counsel provided ineffective assistance and that the prosecutor committed misconduct. While Defendant's appeal was pending he filed an application to remand for a hearing to determine whether to amend three alleged misstatements in the bill of exceptions. The district court denied relief on all of Defendant's claims. The Supreme Court affirmed, holding that the district court did not err in denying Defendant's motion to amend the bill of exceptions and did not err in overruling his motion for postconviction relief without a hearing. View "State v. Malone" on Justia Law

The Supreme Court affirmed the order of the district court denying a political subdivision's motion for summary judgment in this subrogation action, holding that summary judgment was improper.Great Northern Insurance Company filed this subrogation action seeking compensation from Transit Authority of the City of Omaha, d/b/a Metro Area Transit, under the Political Subdivisions Tort Claims Act, Neb. Rev. Stat. 13-901 et seq., for funds paid on an insurance claim on behalf of its insured. Metro filed a motion for summary judgment. The district court denied the motion, finding that Metro had failed to demonstrate that there was no genuine issue concerning Great Northern's affirmative defense of equitable estoppel. The Supreme Court affirmed, holding that summary judgment was not proper under the facts of this case. View "Great Northern Insurance Co. v. Transit Authority of Omaha" on Justia Law

The Supreme Court affirmed the order of the court of appeals dismissing for lack of jurisdiction Steven Clason's appeal of a district court order denying his request to quiet title to certain property in his name, holding that the order was not appealable because not all counterclaims were resolved.Clason owned property that was sold to Producers Livestock Credit Corporation (PLCC) after Clason defaulted on his loan payments. Clason refused to surrender the property to PLCC and filed a complaint alleging that the purported sale of the property to PLCC was void. Clason requested that the court enter an order quieting title to the property in him. PLCC filed a counterclaim and requested that Clason's complaint be dismissed. The district court entered judgment in favor of PLCC and against Clason, dismissed the case with prejudice, and ordered that title be quieted in PLCC. The court of appeals dismissed the appeal for lack of jurisdiction. The Supreme Court affirmed, holding that the district court's order was not appealable because not all of PLCC's counterclaims were resolved. View "Clason v. LOL Investments, LLC" on Justia Law

The Supreme Court reversed the order of the district court affirming the findings of the county court in this division fence dispute, holding that the county court order was a conditional order from which no appeal could be taken, and therefore, the district court and this Court did not acquire jurisdiction.The parties in this case owned adjacent properties on which cattle grazed. Plaintiffs filed a fence dispute complaint in the county court seeking contribution in connection with the planned construction of a fence on a portion of the boundary between the parties' property. The county court ordered Defendants to perform or monetarily contribute to the construction of a division fence between the properties. The district court affirmed the county court's findings and remanded the matter for further proceedings on the issue of contribution. The Supreme Court dismissed Defendants' appeal, holding that the county court's order was a conditional order and, as such, was not appealable to the district court. View "Evert v. Srb" on Justia Law

The Supreme Court affirmed the judgment of the lower court determining the fair value of certain shares to be purchased by a corporation to be $467 million and awarding the petitioning shareholder $256 million in prejudgment interest, holding that this appeal was without merit.The successor president and chief executive officer (CEO) of Streck, Inc. implemented a sales process that failed to produce an offer acceptable to the majority shareholder, and the corporation was not sold. The majority shareholder sued Streck and its president and CEO, alleging breach of fiduciary duty and shareholder oppression. Streck opted to purchase the petitioning shareholder's shares and, after a trial, the court determined the fair value of the shares and awarded the petitioning shareholder prejudgment interest. The Supreme Court affirmed, holding that Streck's appeal was without merit. View "Wayne L. Ryan Revocable Trust v. Ryan" on Justia Law