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| Jura v. City of Omaha, No. A-05-165,
NEBRASKA COURT OF APPEALS, February 27, 2007, Filed
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Overview: Decedent's estate could not recover from the city on a wrongful death claim after a police pursuit resulted in a traffic accident killing the decedent; the decedent was not an innocent third party and her estate was barred from recovering under Neb. Rev. Stat. § 13-911 where the decedent was a person sought to be apprehended in the fleeing vehicle.
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| Qwest Bus. Res., Inc. v. Headliners-1299 Farnam, LLC, No. A-06-1361,
NEBRASKA COURT OF APPEALS, February 27, 2007, Filed
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Overview: Because order denying restaurant's motion to dismiss made pursuant to Neb. Ct. R. Pleading Civ. Actions 12(b)(1), (2), or (6) was not final, Neb. Rev. Stat. § 25-1902, appellate court lacked jurisdiction and appeal was dismissed. Restaurant's appeal was not frivolous and corporation was not entitled to attorney fees, Neb. Rev. Stat. § 25-824(2).
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| State v. Jacobitz, No. A-06-824,
NEBRASKA COURT OF APPEALS, February 27, 2007, Filed
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Overview: Neb. Rev. Stat. § 60-6,197(4), required officer to have reasonable grounds to believe that defendant was driving while under the influence at the time of fatal accident; because facts did not establish officer had reasonable grounds to believe that defendant had driven while under the influence, blood test results had to be suppressed.
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| State v. Murphy, No. A-05-1210,
NEBRASKA COURT OF APPEALS, February 27, 2007, Filed
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Overview: Defendant failed to timely invoke appellate jurisdiction, Neb. Rev. Stat. § 25-1912(1), and the district court order based solely upon a conclusory stipulation of the parties without any factual basis, which purported to grant 30 days to file an appeal, was without jurisdiction and void, Neb. Rev. Stat. § 29-3001.
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| State v. R. Jane S. (In re Amoria M.), No. A-06-771,
NEBRASKA COURT OF APPEALS, February 27, 2007, Filed
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Overview: Court did not err in adopting Neb. Rev. Stat. § 43-285(2) rehabilitation plan for family; provisions were material to conditions giving rise to case by providing corrective conditions to family's underlying problems and to extent DHHS had provided some of services previously, such assistance was still needed as family had yet to maintain stability.
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