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| Anderson v. Christensen, No. A-04-1077.,
NEBRASKA COURT OF APPEALS, June 27, 2006, Filed
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Overview: Trial court did not err in finding that the trust sale option was ambiguous and that intent of decedent was that pasture be sold at appraised value, Neb. Rev. Stat. § 77-112; however, trial court erred in finding that beneficiary did not timely exercise the option, that the option was void, and that the trustee was free to dispose of the pasture.
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| Conroy v. Columbia Ins. Co., No. A-05-374.,
NEBRASKA COURT OF APPEALS, June 27, 2006, Filed
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Overview: Summary judgment in favor of the insurer denying coverage was affirmed because when the deceased, the named insured, sustained bodily injury in an accident with an UIM endorsement, he was occupying a vehicle that he owned but that was not covered by the insurance policy issued by the insurer.
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| Dennis W. v. Mental Health Bd. (In re Dennis W.), No. A-05-1397.,
NEBRASKA COURT OF APPEALS, June 27, 2006, Filed
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Overview: County mental health board did not err in allowing psychologist to be present during testimony of previous treating psychologist; Neb. Rev. Stat. § 27-615 exception to sequestration of witnesses was applicable; otherwise second psychologist would not have been able to accurately form his clinical opinion of sex offender's likelihood of reoffending.
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| Eran Indus. v. City of La Vista, No. A-04-1193.,
NEBRASKA COURT OF APPEALS, June 27, 2006, Filed
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Overview: District court did not err under Neb. Rev. Stat. § 19-912 in receipt of proffered affidavits on behalf of company. Board of Adjustment of the City of La Vista's conditions imposing additional landscape demands on company were arbitrary and unreasonable. Pursuant to Neb. Rev. Stat. § 19-901, city had authority to restrict use of company's warehouse.
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| Jepsen v. Greenfield Sales, Inc., No. A-05-106.,
NEBRASKA COURT OF APPEALS, June 27, 2006, Filed
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Overview: Based on contract between cable TV company and installation company, lack of control TV company exercised over installer's performance, and fact installation company owned and controlled equipment and tools, installation company was an independent contractor and TV company was not liable for alleged negligence of installation company's employee.
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| Polanowski v. Neth, No. A-05-371.,
NEBRASKA COURT OF APPEALS, June 27, 2006, Filed
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Overview: The district court made a factual finding that the operator did not understand that he was being directed to submit to a chemical test and the district court's finding was supported by competent evidence; thus, Director of the Nebraska Department of Motor Vehicles' administrative license revocation order was properly reversed.
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| State v. Dawn M. (In re Sarah T.), No. A-05-1365.,
NEBRASKA COURT OF APPEALS, June 27, 2006, Filed
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Overview: The juvenile court did not err in denying the mother's motion to continue where, pursuant to Neb. Rev. Stat. § 25-1148, no written motion for continuance or supporting affidavit was filed and the mother did not show any prejudice from alleged late notice. Suspending visitation of both parents was in the child's best interests.
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| State v. Gayla F. (In re Raymond G.), No. A-05-1566.,
NEBRASKA COURT OF APPEALS, June 27, 2006, Filed
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Overview: Pursuant to Neb. Rev. Stat. §§ 43-292(2) or 43-1505(4), (6), termination of mother's parental rights to her three children was proper because 1) children were at risk for harm due to her drug problem; 2) she refused to seek court-ordered treatment for her drug addiction; and 3) she failed to verify her employment or housing with proper department.
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| State v. Jeffrey K. (In re Jeffrey K.), No. A-05-1033.,
NEBRASKA COURT OF APPEALS, June 27, 2006, Filed
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Overview: The appellate court was without jurisdiction to address defendant juvenile's constitutional challenges to Neb. Rev. Stat. § 28-311.03. The State adduced insufficient evidence that would support a finding that defendant intended to injure, terrify, or threaten the victim; thus, his adjudication was not supported and was reversed.
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| State v. Michelle D. (In re Navaeh C.), No. A-05-1510.,
NEBRASKA COURT OF APPEALS, June 27, 2006, Filed
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Overview: Trial court did not err in finding that the daughter was a child as described under Neb. Rev. Stat. § 43-247(3)(a) where mother, while incarcerated, failed to participate in a drug rehabilitation program and request for inmate to have contact with child was harmful given inmate's history. Mother's older children had previously been adjudicated.
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