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| City of Ashland v. Strode, No. A-05-467,
NEBRASKA COURT OF APPEALS, May 1, 2007, Filed
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Overview: A property owner's nonconforming use of his property for the storage of salvage, junk, and inoperable vehicles constituted at best an enlargement of the prior nonconforming use and at worst a different nonconforming use. Either way, the nonconforming use was not permitted under a second class city's zoning regulations.
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| Kramer v. Kramer, No. A-05-499,
NEBRASKA COURT OF APPEALS, May 1, 2007, Filed
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Overview: District court did not err in denying a wife's application to modify her husband's child support obligation, where the wife failed to show a material change of circumstances subsequent to the entry of the original dissolution decree.
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| Montazer v. Folda, No. A-05-613,
NEBRASKA COURT OF APPEALS, May 1, 2007, Filed
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Overview: Trial court's order granting appellee's motion to require appellant to reimburse appellee for a nonrefundable expert witness fee incurred prior to the continuance requested by appellant was affirmed; the trial court's ruling allowed appellant to present her expert witness' testimony, but prevented prejudice to appellee by shifting the expense.
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| Naidenovich v. Naidenovich, No. A-05-422,
NEBRASKA COURT OF APPEALS, May 1, 2007, Filed
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Overview: In a divorce action, a trial court abused its discretion when it failed to include a husband's bonus income in its child support calculations because the husband historically received a bonus, and he failed to explain the current year's bonus would substantially differ from the historic pattern.
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| Perry v. Allied Prop. & Cas. Ins. Co., No. A-05-336,
NEBRASKA COURT OF APPEALS, May 1, 2007, Filed
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Overview: The refusal to grant a directed verdict in favor of the passenger in her action for breach of the underinsured motorist provisions of an automobile policy issued to the insured was proper because the record showed that the issue of the causation of the passenger's asthma condition was a contested issue at trial.
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| Rue v. Douglas County Corr., No. A-06-606,
NEBRASKA COURT OF APPEALS, May 1, 2007, Filed
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Overview: Trial court erred in finding that a workers' compensation claimant's PTSD resulted from his physical injuries and was therefore compensable; because the medical expert testimony only linked the PTSD to the overall incident, and not to the physical injuries sustained within the incident, it was insufficient to prove a causal relationship.
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| State v. Jackson, No. A-05-892,
NEBRASKA COURT OF APPEALS, May 1, 2007, Filed
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Overview: Appellant's second motion for postconviction relief was properly dismissed as procedurally barred as he did not raise issues that were not available at the time of his first motion; denial of the motion was appealable pursuant to Neb. Rev. Stat. § 25-1902, even though the issue of payment of costs was unresolved, as it affected a substantial right.
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| Wiegert-Stathes v. Am. Family Mut. Ins. Co., No. A-05-200,
NEBRASKA COURT OF APPEALS, May 1, 2007, Filed
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Overview: Summary judgment dismissing the breach of contract cause of action was reversed and remanded because the doctrine of res judicata was not applicable to bar litigation of the breach of contract cause of action, when the issues raised in the breach of contract claim were outside the scope of what was recoverable in the garnishment action.
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| State v. Moore, No. S-95-485,
SUPREME COURT OF NEBRASKA, May 2, 2007, Order Filed
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Overview: On its own motion, the Supreme Court of Nebraska stayed appellant's execution and withdrew the death warrant given its unique constitutional responsibilities in administering and supervising implementation of the death penalty and the changing legal landscape that called into question the continuing constitutionality of electrocution.
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