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| Bagley v. Mousel (In re Mousel), No. S-05-329.,
SUPREME COURT OF NEBRASKA, May 26, 2006, Filed
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Overview: Decedent intended interests in ranch real estate should pass to her husband's relatives whether or not he survived her for more than 60 days. Decedent's will indicated a specific devise of ranch real estate to husband's relatives. Because will made a specific devise of ranch real estate, ranch real estate was not part of the residuary estate.
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| Smeal Fire Apparatus Co. v. Kreikemeier, Nos. S-03-354, S-05-407.,
SUPREME COURT OF NEBRASKA, May 26, 2006, Filed
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Overview: In civil contempt case, district court did not impose order of sanction or non-contingent order of sanction; therefore, proceedings were not terminated in court below, award of attorney fees, as costs, was not final, and order was not appealable.
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| Wise v. Omaha Pub. Sch., No. S-05-491.,
SUPREME COURT OF NEBRASKA, May 26, 2006, Filed
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Overview: Where a claimant's tort claim against a school district employee was based upon acts or omissions occurring within the scope of employment, it was governed by the Nebraska Political Subdivisions Tort Claims Act, Neb. Rev. Stat. §§ 13-901 to 13-926.
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| Berens v. McNeil Co., No. A-04-1236.,
NEBRASKA COURT OF APPEALS, May 30, 2006, Filed
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Overview: District court erred in finding that there were no genuine issues of material fact and in granting contractor summary judgment against the homeowners as discovery exception in Neb. Rev. Stat. § 25-223 might have tolled running of statute of limitations. District court erred in granting third-party defendants' summary judgment against contractor.
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| Peterson v. Peterson, No. A-04-893.,
NEBRASKA COURT OF APPEALS, May 30, 2006, Filed
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Overview: Wife's appeal and husband's cross-appeal were filed outside 30-day time limit for filing an appeal, Neb. Rev. Stat. § 25-1912(1), where trial court's "Opinion and Findings," as amended by nunc pro tunc order, was final determination of parties' rights in the action, Neb. Rev. Stat. § 25-1301; thus, the appeal was dismissed for lack of jurisdiction.
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| State v. Alford, No. A-05-723.,
NEBRASKA COURT OF APPEALS, May 30, 2006, Filed
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Overview: Trial court's failure to notify appellant initially of his registration responsibilities under the Nebraska Sex Offender Registration Act, Neb. Rev. Stat. §§ 29-4001 to 29-4013, as part of the sentencing order did not affect the finality of the order because the registration requirements were separate and collateral to appellant's sentence.
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| State v. Greg H. (In re Brandon G.), No. A-05-1407.,
NEBRASKA COURT OF APPEALS, May 30, 2006, Filed
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Overview: Although foster parents claimed that, pursuant to Neb. Rev. Stat. § 43-285, they proved by a preponderance of the evidence that a plan to change a child's placement to the child's aunt's home was not in the child's best interests, the foster parents did not meet their burden of proof.
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| State v. Sheni S. (In re Vanessa R.), Nos. A-05-1381 through A-05-1384.,
NEBRASKA COURT OF APPEALS, May 30, 2006, Filed
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Overview: Termination of a mother's parental rights was in the children's best interests, Neb. Rev. Stat. § 43-292, because she had continuing issues with alcohol abuse, and even though the mother was able to understand the principles of parenting, such as discipline and supervision, she was unable to retain them.
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| State v. Tomek, No. A-05-567.,
NEBRASKA COURT OF APPEALS, May 30, 2006, Filed
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Overview: Defendant's conviction for attempted contributing to the delinquency of a minor in violation of Neb. Rev. Stat. §§ 28-201(1)(b) and 28-709 was proper because the evidence showed that he offered to pick up a "girl" on the internet and drive her to another city, believing that she was a 14 years old and that her parents were out of town.
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| Thomas v. Dugan Funeral Servs., No. A-05-985.,
NEBRASKA COURT OF APPEALS, May 30, 2006, Filed
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Overview: Benefits determination by the Nebraska Workers' Compensation Court was affirmed, pursuant to Neb. Rev. Stat. § 48-185, because the evidence was sufficient to support the trial court's finding that an employee's injuries were caused by a work accident, its award of medical expenses, and its award of temporary partial disability benefits.
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