Justia Nebraska Supreme Court Opinion Summaries

In this contract and tort action brought by the buyers of a business pursuant to a written purchase agreement the Supreme Court affirmed the judgment of the trial court granting summary judgment for the sellers and dismissing the sellers' agents, holding that the trial court did not err or abuse its discretion.Buyers bought a business from Sellers pursuant to a written purchase agreement. Buyers later bought this action against Sellers and their agents. Sellers counterclaimed for amounts owing under promissory notes. The Supreme Court dismissed the agents under Neb. Ct. R. Pldg. 6-1112(b)(6) and entered summary judgment for Sellers on all claims and counterclaims. The court then denied Sellers' motion for attorney fees. The Supreme Court affirmed, holding (1) undisputed facts supported the summary judgments for Sellers; (2) the complaint stated no claim against the agent; and (3) the trial court did not abuse its discretion in denying attorney fees to Sellers. View "Nathan v. McDermott" on Justia Law

In this negligence action, the Supreme Court reversed the district court's judgment for NIFCO Mechanical Systems, Inc., holding that the comparative negligence instructions constituted plain error.After a pipe in the sprinkler system of the City of Wahoo's public library burst, Wahoo brought suit against Cheever Construction Company and NIFCO alleging that Cheever negligently installed the sprinkler system and that NIFCO negligently failed to inspect and maintain it. NIFCO asserted as an affirmative defense that Wahoo's negligence was a proximate cause of any damages. The claims against Cheever were dismissed by stipulation during the course of trial, and the case was submitted to the jury with NIFCO as the sole defendant. The jury rendered a verdict in favor of NIFCO. The Supreme Court reversed, holding that the district court's comparative negligence jury instructions were plainly erroneous. View "City of Wahoo v. NIFCO Mechanical Systems, Inc." on Justia Law

In this tort action, the Supreme Court affirmed the judgment of the district court granting summary judgment for Lincoln Public Schools (LPS), holding that LPS was immune from suit under the discretionary function exception to the Political Subdivisions Tort Claims Act (PSTCA), Neb. Rev. Stat. 13-901 to 13-928.Plaintiffs, a mother and her minor child, filed this tort action seeking damages for injuries they received when they were bitten by a dog on a public school playground after students had been dismissed for the day. Plaintiffs alleged that LPS was negligent in failing to enforce the school's "no dogs" policy and in failing to supervise the playground area after classroom instruction ended. The district court granted summary judgment in favor of LPS, concluding that LPS had no legal duty and that Plaintiffs' claim was barred under the discretionary function exception to the PSTCA. The Supreme Court affirmed, holding that LPS was immune from Plaintiffs' claims under the discretionary function exception of the PSTCA. View "Lambert v. Lincoln Public Schools" on Justia Law

In this quiet title action, The Supreme Court affirmed the judgment of the district court granting summary judgment in favor of Joy Arnold and quieting title in favor of the Estate of Beverly Freiden, holding that Michael Walz, a tenant of Beverly's real property, did not exercise an option to purchase the property associated with the lease, and the real property remained in the Estate.Walz leased real property from Beverly under a lease that included an option to purchase the property at any time before the end date of the lease. Beverly died during Walz' tenancy. After the term of Walz' initial option ended, Walz and Jon Freiden executed several lease modifications that purportedly extended Walz' option to buy the real property. When Walz claimed he owned the property, Arnold, the personal representative of the Estate, petitioned the district court to quiet title to the property in the Estate. The district court granted summary judgment for Arnold. The Supreme Court affirmed, holding that there was no genuine issue of material fact with respect to the fact that the real property remained in the Estate, and therefore, the district court did not err when it quieted title in the Estate. View "Arnold v. Walz" on Justia Law

The Supreme Court dismissed this appeal of the district court's order dismissing Candyland, LLC's petition for review of the decision of the Nebraska Liquor Control Commission denying Candyland's application for a retail Class C liquor license, holding that the district court lacked subject matter jurisdiction under the Administrative Procedure Act (APA), and, likewise, this Court lacked jurisdiction.Candyland applied to the Commission for a retail Class C liquor license. The Commission denied the application after a hearing. Pursuant to the APA, Candyland filed a petition on appeal. The district court dismissed the petition for lack of subject matter jurisdiction, finding that Candyland had failed to obtain service of summons on the citizen objectors. The Supreme Court dismissed Candyland's appeal, holding that by failing to serve the summons and a copy of the petition on the citizen objectors within thirty days, Candyland failed to timely petition for review and the district court lacked subject matter jurisdiction under the APA. View "Candyland, LLC v. Nebraska Liquor Control Commission" on Justia Law

The Supreme Court reversed the order of the court of appeals dismissing Appellant's lawsuit brought pursuant to the Nebraska State Tort Claims Act (STCA) based on a finding that Appellant failed to comply with the preset filing requirements of the STCA, holding that Appellant substantially complied with the STCA's requirements.Appellant, an inmate at the Nebraska Department of Correctional Services, filed a complaint against the State, alleging tort claims. The district court granted summary judgment for the State, concluding that Appellant failed to satisfy the claim presentment provisions of Neb. Rev. Stat. 81-8,212 with respect to his claimed damages. The Supreme Court reversed, holding that the content of Appellant's tort claims substantially complied with the requirements of section 81-8,212, and therefore, the district court erred in granting summary judgment in favor of the State. View "Saylor v. State" on Justia Law

The Supreme Court affirmed the order of the juvenile court adjudicating Abigail G.'s son, Vladimir G., to be a child within the meaning of Neb. Rev. Stat. 43-247(3)(a), holding that although Abigail could invoke her Fifth Amendment right not to testify in this adjudication, any error on the part of the juvenile court in requiring her testimony was not reversible.During the adjudication hearing, Abigail objected to testifying based on Fifth Amendment grounds. The court overruled Abigail's objection. After the hearing, the county court filed an order finding Vladimir to be a child within the meaning of section 43-247(3)(a). The Supreme Court affirmed, holding (1) even if the court erred in failing to determine that at least part of Abigail's testimony was incriminating and therefore protected by Abigail's invocation of her Fifth Amendment privilege, such error was not reversible because there was sufficient evidence to support the adjudication without such testimony and because Abigail's Fifth Amendment rights were not violated; and (2) there was sufficient evidence to support the adjudication that Vladimir was a child within the meaning of section 43-247(3)(a). View "In re Interest of Vladimir G." on Justia Law

In this breach of contract action, the Supreme Court affirmed the judgment of the district court in favor of Greater Omaha Packing Co., Inc., holding that Allen Acklie's action was based on an unenforceable contract.In 1994, Greater Omaha terminated Acklie's employment. In 2016, Acklie turned sixty years old and demanded payment under the terms of a deferred compensation agreement entered into by the parties in 1989. Acklie argued that his right to deferred compensation vested upon his attaining the age of sixty and that payment became due on the first day of the first month following his attaining the age of sixty-one. After Greater Omaha refused payment, Acklie filed this action. The jury returned a verdict in favor of Greater Omaha. The Supreme Court affirmed, holding that the agreement lacked mutuality of obligation and therefore was unenforceable. View "Acklie v. Greater Omaha Packing Co., Inc." on Justia Law

The Supreme Court affirmed Defendant's conviction for possession of a deadly weapon by a prohibited person, holding that there was no error in the proceedings below.On appeal, Defendant challenged the State's use of exhibit 7 to prove that Defendant had a prior felony conviction. Specifically, Defendant argued that because exhibit 7 did not affirmatively show that he had or waived counsel at the time of his guilty plea in the prior case, exhibit 7 should not have been admitted into evidence. The Supreme Court affirmed, holding (1) there was sufficient evidence to support Defendant's conviction; and (2) the district court did not err in admitting into evidence certified court records showing that Defendant had counsel at the time he was sentenced for his prior conviction but was silent as to whether he had counsel at the time he entered his plea. View "State v. Vann" on Justia Law

The Supreme Court dismissed the State's appeal challenging the order of the district court granting Defendant the right to proceed with his criminal appeal in forma pauperis, holding that the order was not a judgment nor was it a final order.Defendant entered a no contest plea to robbery. After Defendant was sentenced he filed his notice of appeal. The district court later entered an order finding Defendant was entitled to court-appointed appellate counsel. The State appealed, and the Supreme Court held that it had no jurisdiction over the State's interlocutory appeal. Defendant then filed an application to proceed with his appeal from the conviction and sentence in forma pauperis. The court granted the application. The State appealed the district court's approval of Defendant's application to proceed in forma pauperis. The Supreme Court dismissed the appeal, holding that the Court lacked jurisdiction to consider the appeal. View "State v. Fredrickson" on Justia Law