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| Borley Storage & Transfer Co. v. Whitted, No. S-04-708.,
SUPREME COURT OF NEBRASKA, March 3, 2006, Filed
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Overview: Jury verdict in favor an attorney in a client's legal malpractice action was affirmed because the attorney's failure to file a continuation statement did not impair the client's rights to go after the obligor of a promissory note, and the client did nothing to mitigate his damages.
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| Gress v. Gress, No. S-05-007.,
SUPREME COURT OF NEBRASKA, March 3, 2006, Filed
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Overview: Order requiring a husband to pay $ 1,285 per month for child support was reversed and remanded, because the district court erred in its calculation of the husband's monthly income under Neb. Ct. R., Child Support Guidelines para. D.
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| Julius M. v. Naomi M. (In re Sophia M.), No. S-05-154.,
SUPREME COURT OF NEBRASKA, March 3, 2006, Filed
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Overview: Pursuant to the grandparents' request to be appointed coguardians, neither the trial court's grant of a mental examination under Neb. Discovery R. Civ. 35 or the denial of mother's request for immediate visitation was a final appealable order; inter alia, appeal of the rule 35 order after final judgment provided an adequate remedy to the mother.
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| Kaplan v. McClurg, No. S-04-1097.,
SUPREME COURT OF NEBRASKA, March 3, 2006, Filed
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Overview: Department of Administrative Services of the State of Nebraska's decision not to issue a declaratory order for employees did not create a contested case over which the district court had jurisdiction, under Neb. Rev. Stat. § 84-912.01, and the district court correctly determined that it lacked jurisdiction over the matter.
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| Merz v. Seeba, No. S-04-1129.,
SUPREME COURT OF NEBRASKA, March 3, 2006, Filed
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Overview: Denial of motion to intervene was affirmed because allowing the claim to be revived through intervention would prejudice the company director, when the intervenor waited 10 years to revive the dormant action by filing a intervention complaint.
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| Pony Lake Sch. Dist. 30 v. State Comm. for the Reorganization of Sch. Dists., No. S-05-1438.,
SUPREME COURT OF NEBRASKA, March 3, 2006, Filed
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Overview: Where the signatures of only about 7.7 percent of voters were collected, and Neb. Const. art. III, § 3, provided that an act would be suspended only if a referendum petition were signed by not less than 10 percent of voters, a permanent injunction to suspend the taking effect of L.B. 126 (Neb. 2005) until after a referendum vote was dissolved.
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| State v. Aldaco, No. S-05-587.,
SUPREME COURT OF NEBRASKA, March 3, 2006, Filed
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Overview: Although defendant argued that his first degree felony murder conviction was not supported by the evidence, a rational trier of fact could have found that a robbery was committed and that the essential elements of the crime of first degree murder were proved beyond a reasonable doubt.
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| State v. Ball, No. S-05-175.,
SUPREME COURT OF NEBRASKA, March 3, 2006, Filed
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Overview: In a murder case, although illegally searched under the Fourth Amendment, sufficient evidence existed that blood in defendant's truck would have been identified during a proper inventory search where police had an inventory policy for abandoned vehicles, and defendant was arrested around 6:50 a.m. and could not have moved his truck within 24 hours.
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| Stover v. County of Lancaster, No. S-04-1108.,
SUPREME COURT OF NEBRASKA, March 3, 2006, Filed
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Overview: Judgment that the court clerk owed no duty to the attorney was reversed and remanded because under Neb. Rev. Stat. § 25-2214.01, the court clerk had a duty without regard to whether the attorney had intervened to retain that portion of the funds to which an attorney's lien had attached until the "rightful owner" of the sums could be determined.
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