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   State Courts - Nebraska - August 21 - August 24, 2007

  
BCD Farms, Inc. v. Sandhills Cattle Feeding, Inc., No. A-05-720., NEBRASKA COURT OF APPEALS, August 21, 2007, Filed
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Overview: Because appellant, an alleged partner of another defendant in a cattle feeding business that filed for bankruptcy, promptly moved to vacate the judgment and asserted meritorious defenses, the trial court abused its discretion in failing to grant appellant's motion to vacate a default judgment entered the day of trial and without notice to him.

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Baseggio v. Baseggio, No. A-05-1487., NEBRASKA COURT OF APPEALS, August 21, 2007, Filed
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Overview: In wife's motion to modify divorce decree because of changed circumstances, trial court did not err in failing to average husband's income in calculating child support by using three-year average because one of the three years was a substantial fluctuation from the other two, but two of the three years was not a fluctuation.

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D.C. v. Mental Health Bd. (In re D.C.), No. A-06-1035., NEBRASKA COURT OF APPEALS, August 21, 2007, Filed
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Overview: A patient was properly found to be a mentally ill and dangerous person under Neb. Rev. Stat. § 71-908 based on his history of sexual assaults on children, his inability to reoffend while incarcerated, the results of a psychological examination, and the patient's inability to receive treatment for his illness.

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Dewester v. Dundy County, No. A-06-230., NEBRASKA COURT OF APPEALS, August 21, 2007, Filed
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Overview: Where decedent's friend allowed her to drive his father's car, decedent was killed in an accident. When her estate representative sued the friend for negligent entrustment, the trial court did not err by granting summary judgment. The friend could not be liable under a theory of negligent entrustment, because he was not the owner of the vehicle.

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McIntosh v. Neb. State Patrol, No. A-05-818, NEBRASKA COURT OF APPEALS, August 21, 2007, Filed
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Renter v. Siedenburg, No. A-05-1546., NEBRASKA COURT OF APPEALS, August 21, 2007, Filed
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Overview: Summary judgment was properly granted to a son in a dispute over the removal of his name as a co-owner of an annuity because Neb. Rev. Stat. § 30-2722 did not apply since the annuity was not an account under Neb. Rev. Stat. § 30-2716(1), and the issuer, an insurance company, was not a financial institution.

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State ex rel. F.J. v. Mcswine, No. A-05-1215., NEBRASKA COURT OF APPEALS, August 21, 2007, Filed
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Overview: A father's motion to terminate child support was properly denied because his challenge to subject matter jurisdiction was meritless since a juvenile court did not have the authority to decide a paternity issue in 1996 under Neb. Rev. Stat. § 43-247 (Reissue 1993). Moreover, the district court had personal jurisdiction over the father.

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State v. Bennett, No. A-06-1195., NEBRASKA COURT OF APPEALS, August 21, 2007, Filed
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Overview: Where defendant pled no contest to six counts of forgery in the second degree, trial court pronounced oral judgment on only five counts of second degree forgery; therefore, defendant's appeal was not taken from a final, appealable order. The appellate court lacked jurisdiction over the appeal pursuant to Neb. Ct. R. of Prac. 7A(2).

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Jones v. Shelter Mut. Ins. Cos., No. S-06-310., SUPREME COURT OF NEBRASKA, August 24, 2007, Filed
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Karel v. Neb. Health Sys., No. S-05-1311., SUPREME COURT OF NEBRASKA, August 24, 2007, Filed
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