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| B & B Sales, Inc. v. Union Ins. Co., No. A-05-463.,
NEBRASKA COURT OF APPEALS, July 3, 2006, Filed
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Overview: Summary judgment in favor of an insurer was proper where, by plain and unambiguous language, the policy excluded loss of an insured farm implement dealer's equipment that had been removed from the insured premises on more than a temporary basis and also excluded loss due to the acceptance of checks that were not paid upon presentation to the bank.
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| Dartmann v. Dartmann, No. A-05-1021.,
NEBRASKA COURT OF APPEALS, July 3, 2006, Filed
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Overview: Settlement agreement that was incorporated as part of the divorce decree did not change the father's obligation to pay an accrued amount of temporary child custody payments that were owed before the decree was entered, pursuant to Neb. Rev. Stat. § 42-369(4) (Reissue 2004), because there was no evidence to show that the arrearage was satisfied.
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| Linch v. Northport Irrigation Dist., No. A-04-1395.,
NEBRASKA COURT OF APPEALS, July 3, 2006, Filed
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Overview: In a personal representative's negligence action on behalf of the decedent, as the representative's powers ceased when he died under Neb. Rev. Stat. § 30-2452 and the action became suspended until it could be revived in the name of the representative's successor, the trial court plainly erred in dismissing the action for want of prosecution.
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| State v. Kelli G. (In re Eden K.), No. A-05-1567.,
NEBRASKA COURT OF APPEALS, July 3, 2006, Filed
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Overview: Judgment terminating parental rights was reversed where, although children's foster care placement satisfied Neb. Rev. Stat. § 43-292(7), State failed to prove, by clear and convincing evidence, that termination was in children's best interests; evidence showed that mother participated in drug treatment and had beneficial visits with children.
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| State v. Taylor, No. A-05-721.,
NEBRASKA COURT OF APPEALS, July 3, 2006, Filed
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Overview: Denial of inmate's application for postconviction relief was affirmed because the inmate did not have a constitutional claim for additional assistance of counsel to assist the inmate in filing a petition for discretionary review with the Nebraska Supreme Court when the inmate had already received one appeal as of right.
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| Valeriano-Cruz v. Neth, No. A-05-808.,
NEBRASKA COURT OF APPEALS, July 3, 2006, Filed
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Overview: Order revoking license after driver refused a blood alcohol test was properly affirmed where police's officer's sworn report complied with Neb. Rev. Stat. § 60-498.01. Notary's failure to include commission date's expiration did not invalidate report, and driver failed to rebut presumption that notary's seal and signature proved proper attestation.
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| Zink v. Neth, No. A-05-519.,
NEBRASKA COURT OF APPEALS, July 3, 2006, Filed
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Overview: Even though blood alcohol test results had been suppressed in a DUI prosecution, suppression order was not binding on administrative license revocation proceedings because issue preclusion did not apply where the State did not have full and fair opportunity to litigate whether the results were competent evidence under Neb. Rev. Stat. § 60-6,199.
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