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| Acton v. Acton, No. A-04-147.,
NEBRASKA COURT OF APPEALS, April 11, 2006, Filed
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Overview: Ex-wife failed to meet burden of proof as to abuse of process claim against ex-husband's current wife where the record did not show that the wife used the judicial process to accomplish anything other than the enforcement of a valid harassment protection order that had been entered against the ex-wife.
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| Bob Bennie Props. LLC v. Design Data Corporate Office Park Ass'n, No. A-04-1096.,
NEBRASKA COURT OF APPEALS, April 11, 2006, Filed
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Overview: In a case in which an office park lot owner sued to enjoin the enforcement of amendments to certain restrictive covenants executed by the developer of the office park, the developer breached the covenants by amending them without a vote, and the amendments were of no force or effect.
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| Goeser v. Allen, No. A-05-658.,
NEBRASKA COURT OF APPEALS, April 11, 2006, Filed
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Overview: Because no specific sums for child support were included in the trial court's order modifying an earlier paternity and custody decree, and because the rights and liabilities of the parties could not be ascertained without going beyond the record, the order was not a final, appealable order within the meaning of Neb. Rev. Stat. § 25-1902.
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| Harper v. Clarke, No. A-04-461.,
NEBRASKA COURT OF APPEALS, April 11, 2006, Filed
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Overview: Where prisoner did not demonstrate that his previous disciplinary conviction had been invalidated, his claim under 42 U.S.C.S. § 1983 was not cognizable, and the failure to give him notice of the sua sponte dismissal of his complaint was not reversible error because it was obvious he could not prevail based on the facts alleged in his complaint.
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| Rasch v. Remedy Intelligent Staffing, Inc., No. A-05-838.,
NEBRASKA COURT OF APPEALS, April 11, 2006, Filed
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Overview: Nebraska Workers' Compensation Court did not err in dismissing employee's petition where, pursuant to Neb. Rev. Stat. § 48-101, the injury did not arise out of and in the course of employment; employee's fall did not occur on employer's property, nor did he prove a casual connection between an employer-created condition and the cause of his injury.
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| SFI Ltd. P'ship II v. Sarpy County Bd. of Equalization, No. A-05-466.,
NEBRASKA COURT OF APPEALS, April 11, 2006, Filed
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Overview: Where partnership used the income capitalization approach in determining the market value of the partnership's property, and the county board of equalization adopted appraiser's valuation under the standard mass appraisal technique, partnership did not present evidence that action taken by board was arbitrary under Neb. Rev. Stat. § 77-5016.
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| State v. Deanna J. (In re Chloe L.), No. A-05-1072.,
NEBRASKA COURT OF APPEALS, April 11, 2006, Filed
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Overview: Parents' parental rights to their two young children were properly terminated under Neb. Rev. Stat. § 43-292 where their six-week old son was found to have 29 fractures throughout his body in various stages of healing, and numerous witnesses and doctors testified that the injuries could not have occurred by accident.
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| State v. Rouse, No. A-05-653.,
NEBRASKA COURT OF APPEALS, April 11, 2006, Filed
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Overview: Defendant's speedy trial rights were not violated, Sixth Amendment, where he was incarcerated on a prior conviction, he sought and obtained a delay with his motion to discharge, and he did not present any evidence to support a finding of prejudice for extraordinary pretrial stress or anxiety, or impairment to his defense.
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| State v. Sextro, No. A-05-800.,
NEBRASKA COURT OF APPEALS, April 11, 2006, Filed
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Overview: Defendant suffered no harm from the erroneous admission of the nurse practitioner's affidavit that the blood sample was withdrawn in a medically acceptable manner, sealed and given immediately to the officer, because the results of the blood test conducted on the blood sample were admitted without objection by defendant.
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