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| Garcia v. Platte Valley Constr. Co., No. A-06-490.,
NEBRASKA COURT OF APPEALS, January 30, 2007, Filed
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Overview: Where it did not appear that a set-aside agreement was completed until more than a month after the workers' compensation court's order was entered, the order was a conditional order. Because the order did not perform in praesenti, it was wholly void and did not operate as a final judgment.
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| Heeren v. City of Hastings, No. A-05-732.,
NEBRASKA COURT OF APPEALS, January 30, 2007, Filed
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Overview: Landowners challenged city annexation of property, arguing that prior annexation of plat was improper; therefore, landowners' property was not contiguous to city. Summary judgment for city was proper because no legal challenge had ever been lodged against prior annexation, and the statute of limitations had run under Neb. Rev. Stat. § 18-1718.
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| Hutchinson v. DeMuth, No. A-05-452.,
NEBRASKA COURT OF APPEALS, January 30, 2007, Argued , January 30, 2007, Filed
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Overview: In a partition action between siblings, a trial court properly heard evidence regarding appellee's improvements to the property because the evidence was relevant to the court's determination of the owner of the improvements. Because appellee owned the improvements, he was not required to pay appellant rent for appellee's occupancy.
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| State v. Colpitts, No. A-06-554.,
NEBRASKA COURT OF APPEALS, January 30, 2007, Filed
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Overview: Trial court's sentences for defendant's use of a deadly weapon convictions to run concurrently with each other were excessively lenient as Neb. Rev. Stat. § 28-1205(3) mandated that the use of a deadly weapon in the commission of a felony sentence be served consecutively to defendant's robbery convictions.
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| State v. Short, No. A-06-332.,
NEBRASKA COURT OF APPEALS, January 30, 2007, Filed
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Overview: Defendant entered guilty pleas to robbery and use of weapon to commit a felony. Sentence of six to 10 years' imprisonment for each count was not excessive because robbery sentences were to be served concurrently. Trial court did not err in resentencing defendant on use count because original sentence was invalid under Neb. Rev. Stat. § 28-1205(3).
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| State v. Toni H. (In re Tabbitha H.), No. A-06-756.,
NEBRASKA COURT OF APPEALS, January 30, 2007, Filed
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Overview: A mother's parental rights to her two children were properly terminated under Neb. Rev. Stat. § 43-292 because they had been in out-of-home placement continuously for at least 24 months and termination was in the children's best interests since, inter alia, the mother failed to improve her patenting abilities and control her alcohol dependency.
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