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| Pfeil v. State, No. S-05-896.,
SUPREME COURT OF NEBRASKA, February 2, 2007, Filed
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Overview: Where the State's argument that an injured party had not met the presentment requirements of the Nebraska State Tort Claims Act, Neb. Rev. Stat. §§ 81-8,209 to 81-8,235 (Reissue 2003) was denied by a district court, this decision was not a final judgment for review because it was not a special proceeding under Neb. Rev. Stat. § 25-1902.
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| State ex rel. Counsel for Discipline v. Taylor, No. S-06-1330.,
SUPREME COURT OF NEBRASKA, February 2, 2007, Filed
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Overview: The court accepted an attorney's voluntary surrender of his license under Neb. Ct. R. Disc. 14 (Rev. 2001) when the attorney knowingly did not challenge allegations that his trust account was overdrawn and that he had misappropriated client funds for his personal use.
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| State ex rel. Counsel for Discipline v. Williams, No. S-06-629.,
SUPREME COURT OF NEBRASKA, February 2, 2007, Filed
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Overview: Attorney's voluntary surrender of her license was accepted and an order of disbarment was entered under Neb. Ct. R. Disc. 15 where her act of misappropriating funds from an estate account, if true, would have been a violation of Neb. Code Prof. Resp. DR 1-102(A)(1), (3), (4), (5), (6), Neb. Code Prof. Resp. DR 9-102(A), and Neb. Rev. Stat. § 7-104.
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| State v. Brandon M. (In re Brandon M.), No. S-06-508.,
SUPREME COURT OF NEBRASKA, February 2, 2007, Filed
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Overview: A juvenile court erred by ordering the payment of $3,000 in restitution under Neb. Rev. Stat. § 43-286(1)(a) because there was no evidence of the value of many missing items taken during a burglary, and the juvenile court judge admitted that his valuation of the items was "plucked out of the air."
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| State v. Hudson, No. S-06-432.,
SUPREME COURT OF NEBRASKA, February 2, 2007, Filed
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Overview: Where an inmate's motion to amend a motion for postconviction relief to allow for additional claims was partially denied, the appeal from such was dismissed for lack of jurisdiction because this was not a final order under Neb. Rev. Stat. § 25-1902.
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| Stewart v. Bennett, No. S-05-1100.,
SUPREME COURT OF NEBRASKA, February 2, 2007, Filed
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Overview: Due to the fact that Neb. Rev. Stat. § 25-824 only provided for attorney fees for actions brought in bad faith, there was a public policy against awarding fees in actions that were not frivolous; therefore, a district court did not err by refusing to award attorney fees to a landowner in a lease dispute where the contract provided for such.
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| Susan L. v. Steven L., No. S-06-102.,
SUPREME COURT OF NEBRASKA, February 2, 2007, Filed
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Overview: In a dispute over child custody where Canada had jurisdiction, the UCCJEA, Neb. Rev. Stat. §§ 43-1226 to 43-1266, was not unconstitutional under Neb. Const. art. V, §§ 1, 9, 19 because the courts of Nebraska had uniform powers, and they were not deprived of the jurisdiction granted to them by the Nebraska Constitution.
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| Zach v. Neb. State Patrol, No. S-05-449.,
SUPREME COURT OF NEBRASKA, February 2, 2007, Filed
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Overview: Claimants' death benefits actions under Nebraska Workers' Compensation Act should have been dismissed. An employee, a state trooper, committed suicide in response to learning that individuals he had stopped subsequently robbed a bank with fatalities, which was a mental stimulus and not a physical one as required by Neb. Rev. Stat. § 48-151(4).
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