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| Bullock v. J.B., No. S-05-636.,
SUPREME COURT OF NEBRASKA, December 15, 2006, Filed
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Overview: Personal representative's motion for a revivor of a paternity action after the suicide of a putative father was denied because this was a purely personal action that abated under Neb. Rev. Stat. §§ 25-1401, 25-1402; moreover, a mother's request for genetic testing after death did not amount to a waiver of abatement since the action ceased to exist.
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| Simms v. Vicorp Rests., Inc., No. S-05-827.,
SUPREME COURT OF NEBRASKA, December 15, 2006, Filed
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Overview: Despite the fact that a wife had settled her personal injury action with the owner of a restaurant, a husband's subsequent action for loss of consortium was not barred because he had a personal legal claim separate and distinct from the wife's claims. There was no evidence that she released the husband's claim or had the authority to do so.
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| State v. Barnes, No. S-06-351.,
SUPREME COURT OF NEBRASKA, December 15, 2006, Filed
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Overview: Postconviction relief was properly denied where an inmate entered a guilty plea to murder and the use of a weapon to commit a felony because, inter alia, ineffective assistance of counsel was not shown where there was no indication that an attorney was directed to file an appeal, and a mental exam was not warranted since sanity was not an issue.
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| States ex rel. Counsel for Discipline v. Charest, No. S-06-1028.,
SUPREME COURT OF NEBRASKA, December 15, 2006, Filed
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Overview: Court accepted an attorney's voluntary surrender of his license to practice law and entered an order of disbarment; the attorney voluntarily stated that he knowingly did not contest the truth of the allegations in the grievance filed against him by a former client.
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| Bribiesca v. Rotella's Italian Bakery, Inc., No. A-06-302.,
NEBRASKA COURT OF APPEALS, December 19, 2006, Filed
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Overview: An employee was not entitled to a workers' compensation award for hypertension and depression when his pleadings mentioned only injuries to his lower back, shoulder, and neck due to a fall at work, and the employer was never placed on notice that the employee was seeking future medical benefits for hypertension and depression.
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| Grange v. Grange, No. A-06-502.,
NEBRASKA COURT OF APPEALS, December 19, 2006, Filed
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Overview: The dismissal of the mother's complaint for modification of a decree seeking additional parenting time and reduction of child support was improper because the father had failed to prove that there had been no material change of circumstances. The mother's work schedule had been reduced and the father had realized additional income.
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| Johnson v. Johnson, No. A-06-337.,
NEBRASKA COURT OF APPEALS, December 19, 2006, Filed
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Overview: Mother appealed from an order which modified a decree dissolving her marriage to the father by changing custody of the parties' child from the mother to the father; because the order appealed from reserved the issue of child support for future determination, the order was not final, and thus, the court lacked jurisdiction over the mother's appeal.
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| R & S Invs. v. Auto Auctions, Ltd., No. A-04-1098.,
NEBRASKA COURT OF APPEALS, December 19, 2006, Filed
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Overview: Under an easement, a subservient estate owner's relocation of a sanitary sewer lagoon was reasonable when there were environmental concerns, the subservient estate owner paid all expenses for a new lagoon and is connections, and the relocation did not lessen the utility of the easement or increase the dominant estate's burden.
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| State v. Mastne, No. A-05-911.,
NEBRASKA COURT OF APPEALS, December 19, 2006, Filed
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Overview: A district court abused its discretion in ordering defendant to register as sex offender for life under Neb. Rev. Stat. § 29-4005(2) (Cum. Supp. 2004) where the court made its own determination that the crimes constituted aggravated offenses instead of examining the definition in Neb. Rev. Stat. § § 28-320.01(1) (Cum. Supp. 2004).
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