Justia Nebraska Supreme Court Opinion Summaries

The Supreme Court affirmed the decree of dissolution entered by the district court dissolving the marriage of Marissa Blank to Caleb Blank and awarding joint legal and physical custody of the parties' two minor children, holding that the district court did not err in awarding joint physical custody.Specifically, the Court held (1) Marissa had reasonable notice that joint custody was at issue during the trial, had an opportunity to be heard on the issue of joint custody during the trial, and presented evidence on the issue of joint custody during the trial, and therefore, the district court did not err in considering joint physical custody where neither party made such a request prior to trial and the court did not provide notice of its consideration; (2) the court did not err in determining that the case did not involve domestic abuse; and (3) the court did not abuse its discretion in determining that joint custody was in the children's best interests. View "Blank v. Blank" on Justia Law

The Supreme Court affirmed in part and reversed in part the decision of the court of appeals reversing Defendant's plea-based conviction for felony child abuse, holding that the court of appeals properly found that there was not a sufficient factual basis for the plea but erred in its disposition.The court of appeals reversed the district court's order accepting Defendant's no contest plea to felony child abuse and vacated that conviction, concluding that the factual basis presented by the State was not sufficient to support Defendant's no contest plea, and affirmed Defendant's conviction for attempted possession of a controlled substance. The court then vacated the sentence and remanded the matter for resentencing on Defendant's conviction for attempted possession of a controlled substance. The Supreme Court remanded the matter to the court of appeals with directions to reverse both convictions and vacate the sentencing, holding that the district court abused its discretion in finding a sufficient factual basis to support Appellant's no contest plea to child abuse but held that the court of appeals erred in its disposition because it focused only on the conviction for felony child abuse rather than setting forth a remedy focused on the entire plea agreement. View "State v. Ettleman" on Justia Law

The Supreme Court reversed the decision of the court of appeals summarily dismissing this appeal, holding that Neb. Rev. Stat. 25-1329 applies to a district court's judgment disposing of a petition in error and overruling several previous decision to the extent that they held section 25-1329 inapplicable to judgments of a district court acting as an intermediate appellate court.Appellant filed a petition in error in the district court against Defendant, alleging that he was wrongfully terminated. The district court overruled the petition. Ten days later, Appellant moved for a new trial or, in the alternative, for an order vacating the judgment. The district court overruled the motion and the alternative motion. Thirty days afterward, Appellant filed a notice of appeal. The court of appeals summarily dismissed the appeal for lack of jurisdiction, concluding that it was untimely filed. The Supreme Court reversed, holding (1) section 25-1329 does not apply to a judgment of a district court acting as an intermediate appellate court; and (2) in the instant case, the summary dismissal of Appellant's appeal must be reversed because Appellant's alternative motion to vacate qualified as a motion to alter or amend a judgment within the meaning of section 25-1329. View "McEwen v. Nebraska State College System" on Justia Law

In this post-divorce action, the Supreme Court vacated in part and affirmed in part the order of the district court requiring Mother to bring the parties' children to Catholic Mass every weekend in which she was exercising parenting time or to allow Father to take the children during her parenting time, holding that the parenting plan did not require the Mass attendance ordered by the district court.During their divorce proceedings Mother and Father agreed to a stipulated parenting plan that was later incorporated in the decree dissolving their marriage. The parenting plan included a provision that the children "will be enrolled and be participants in the Catholic religion." Father later filed a motion alleging that Mother was not complying with the provision in the parenting plan regarding the children's participation in the Catholic religion. The district court entered an order providing that the children must attend Catholic Mass every weekend and on Holy Days of Obligation. The Supreme Court vacated the order in part, holding that the district court erred in interpreting the decree and that the language of the parenting plan did not require Mother to facilitate the children's attendance at Catholic Mass as ordered by the district court. View "Gomez v. Gomez" on Justia Law

In this lawsuit filed by the purchasers of a home against the sellers the Supreme Court reversed the judgment of the district court vacating an arbitration award entered in favor of Sellers and remanded with directions to confirm the arbitration award, holding that the district court erred by finding that arbitration provision in the purchase agreement was unenforceable, vacating the award, and failing to confirm the award.In this action, Purchasers alleged that several defects in the home they purchased had been concealed by Sellers. An arbitrator issued an award in favor of Sellers, finding that no credible evidence supported any of Purchasers' claims. Purchasers filed an application to vacate the arbitration award, and Sellers filed a motion seeking judicial confirmation of the award. The district court entered an order finding the arbitration void and vacating the award, holding that the arbitration provision in the purchase agreement was unenforceable under Nebraska's Uniform Arbitration Act. The Supreme Court reversed, holding that the district court should have confirmed the arbitration award pursuant to Neb. Rev. Stat. 25-2612. View "Garlock v. 3DS Properties, LLC" on Justia Law

The Supreme Court affirmed in part, affirmed in part as modified, and reversed in part the decree of dissolution in this case, holding that the district court erred in calculating child support and in dividing certain marital assets and that the parties' remaining arguments on appeal were without merit.Shawn Dooling appealed the decree of dissolution, arguing that the trial court erred in calculating child support, dividing the martial state, and awarding alimony. Kristina Dooling cross-appealed, assigning errors relating to the issues of child support, division of the marital estate, and the award of joint physical custody. The Supreme Court held (1) the district court erred in calculating child support, and the matter is remanded for the district court for a proper calculation of child support; (2) the court erred in its equitable division of the house proceeds, and the division of the house proceeds requires modification; (3) there was no abuse of discretion in the district court's determination that joint physical custody and the parenting plan incorporated into the decree are in the best interests of the children; and (4) the parties' remaining arguments were without merit. View "Dooling v. Dooling" on Justia Law

The Supreme Court affirmed the judgment of the district court convicting Defendant of manufacturing a controlled substance within 1,000 feet of a school and possession of a controlled substance, holding that the lower court did not err in denying Defendant's motion to suppress evidence obtained during and after his interaction with law enforcement.Defendant argued that suppression was warranted because he was unlawfully seized, his statements were obtained in violation of Miranda, and his consent to the search was coerced. The district court concluded that the initial seizure of Defendant was appropriate, Defendant's other statements were not made during a custodial interrogation, and Defendant's consent to the search of his residence was voluntary and not coerced. The Supreme Court affirmed, holding that Defendant's Fourth Amendment and Fifth Amendment rights were not violated in this case. View "State v. Schriner" on Justia Law

The Supreme Court affirmed the decision of the district court denying Northern Natural Gas Company's request for a declaratory judgment upholding its decision to withhold the maximum amount of liquidated damages allowable under its contract with U.S. Pipeline, Inc. for a delay in the completion of a relocation project, holding that Northern manifested a clear intent to waive the contractual liquidated damages provision.The parties in this case entered into a construction contract providing that the relocation project would be substantially completed by a certain date. The project was not substantially completed by that date, and based on the liquidated damages provision in the contract, Northern withheld $351,000 in liquidated damages and refused to pay certain costs requested by U.S. Pipeline related to extra work orders. The district court denied Northern's request for a declaratory judgment upholding its decision to withhold liquidated damages from U.S. Pipeline, holding that Northern waived its rights to these liquidated damages under the contract. The Supreme Court affirmed, holding that the district court's determination that Northern's conduct amounted to a waiver was supported by the evidence and was not clearly wrong. View "United States Pipeline v. Northern Natural Gas Co." on Justia Law

The Supreme Court affirmed the order of the county court denying the petition to remove a trustee filed by certain trust beneficiaries, holding that the beneficiaries failed to prove that the trustee's removal was not inconsistent with a material purpose of the trust.The trust beneficiaires in this case filed a petition to modify the trust to remove Elkhorn Valley Bank & Trust as trustee and approve Jennifer Lea Wilson as successor trustee. The county court issued a written order denying the petition to remove the Bank as trustee, determining that removal would be inconsistent with a material purpose of the trust. The Supreme Court affirmed, holding that removal was inconsistent with a material purpose of the trust, and therefore, the county court did not err in denying the beneficiaries' motion. View "In re Trust Created by Fenske" on Justia Law

The Supreme Court affirmed Defendant's convictions and sentences, holding that there was no merit to the assignments of error that the Court could reach on direct appeal.On appeal, Defendant argued that the district court abused its discretion by imposing excessive sentences and that his counsel provided ineffective assistance in four separate instances. The Supreme Court affirmed, holding (1) the district court did not abuse its discretion when imposing the sentences because the court considered relevant factors and did not consider improper factors; and (2) three of Defendant's claims of ineffective assistance of counsel lacked merit, and the record was insufficient to address the fourth claim on direct appeal. View "State v. Blaha" on Justia Law