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| Burns v. Nielsen, No. S-06-030,
SUPREME COURT OF NEBRASKA, June 8, 2007, Filed
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Overview: Trial court erred when it applied equitable principles to bar an employer's recovery on its subrogation interest under Neb. Rev. Stat. § 48-118.04 of a personal injury settlement between an employee and a business because § 48-118.04 did not authorize equitable defenses or penalties beyond what were prescribed in the workers' compensation statutes.
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| Ferer v. Aaron Ferer & Sons Co., No. S-05-730,
SUPREME COURT OF NEBRASKA, June 8, 2007, Filed
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Overview: Father did not make an inter vivos gift of stock to son in 1995 because he lacked donative intent; although stock certificates were prepared in anticipation of a gift to the son, the father retained control of them and had them canceled when the son resigned his employment with the family business.
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| Reid v. Evans, No. S-05-1503,
SUPREME COURT OF NEBRASKA, June 8, 2007, Filed
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Overview: An injured passenger's negligence action against a deceased driver stood dismissed by operation of law pursuant to Neb. Rev. Stat. § 25-217, where the passenger failed to obtain service of process upon the driver, the only defendant named in her lawsuit, within six months after the lawsuit was filed.
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| Sayah v. Metro. Prop. & Cas. Ins. Co., No. S-06-162,
SUPREME COURT OF NEBRASKA, June 8, 2007, Filed
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Overview: A vehicle owner did not have a contract of insurance for physical damage with an insurer. The owner's parents were the only named insureds on the policy, and the policy's physical damage coverage only insured vehicles owned by the owner's parents.
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| State v. Clapper, No. S-06-406,
SUPREME COURT OF NEBRASKA, June 8, 2007, Filed
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Overview: Defendant's Sixth Amendment right to a jury trial was not violated by a trial judge's restitution order. The trial judge's factfinding in determining restitution did not expose defendant to any greater punishment than Neb. Rev. Stat. § 29-2280 authorized, which was for the full amount of the victim's actual damages.
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| Vanhorn v. Neb. State Racing Comm'n, Nos. S-06-103, S-06-105,
SUPREME COURT OF NEBRASKA, June 8, 2007, Filed
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Overview: District court properly found it lacked jurisdiction over the issues of damages, costs and fees because the district court had already entered judgment in accordance with the Nebraska Supreme Court's mandates, and the Nebraska Supreme Court could not determine the merits of an issue when the district court lacked subject matter jurisdiction.
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| State v. Lukowski, No. A-06-567.,
NEBRASKA COURT OF APPEALS, June 12, 2007, Filed
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Overview: It was plain error to fail to grant appellant an evidentiary hearing with respect to allegations concerning failure of counsel to file a direct appeal as allegations were sufficient to hold an evidentiary hearing because postconviction motion clearly asserted appellant wanted to appeal and requested that such appeal be filed, but it was not done.
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| TierOne Bank v. Cup-O-Coa, Inc., No. A-07-006,
NEBRASKA COURT OF APPEALS, June 12, 2007, Filed
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Overview: Because of pendency of intervenor bank's complaint and absence of express determination and express direction under Neb. Rev. Stat. § 25-1315(1), August 22, 2006, order granting judgment in favor of bank was not a final judgment, and neither that order nor the subsequent order overruling the debtor's motion for new trial was final and appealable.
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| Downey Land, Ltd. v. John M. Probandt Co., LLC, No. A-05-724,
NEBRASKA COURT OF APPEALS, June 19, 2007, Filed
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Overview: The district court did not err in finding that a bank failed to prove that it exercised any right of setoff as of the time of service of the summons in garnishment, Neb. Rev. Stat. § 25-1056; the bank did not make demand for payment of all the debtor owed the bank or exercised the option to accelerate the maturity of the notes.
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