Bishop , Judge . INTRODUCTION Dean D. and Michelle D. filed an action in the district court for Gage County seeking grandparent visitation with their grandson, Tayvin D. It is undisputed by the parties that subsequent to Dean and Michelle's filing, their son relinquished his parental rights to Tayvin and Tayvin was later adopted by his stepfather. After the adoption, Tayvin's mother moved to dismiss Dean and Michelle's action for grandparent visitation based on standing and mootness...
THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION AND MAY NOT BE CITED EXCEPT AS PROVIDED BY NEB. CT. R. APP. P. 2-102(E) MEMORANDUM OPINION AND JUDGMENT ON APPEAL RIEDMANN , Judge . INTRODUCTION Travis Buechler appeals his conviction of possession with intent to manufacture, distribute, deliver, or dispense 64.55 grams of methamphetamine and failing to affix a drug tax stamp to the methamphetamine. During the trial, the district court for Scotts Bluff County denied Buechler's...
THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION AND MAY NOT BE CITED EXCEPT AS PROVIDED BY NEB. CT. R. APP. P. 2-102(E). MEMORANDUM OPINION AND JUDGMENT ON APPEAL BISHOP , Judge . I. INTRODUCTION Rufus M. appeals from separate orders of the county court for Dodge County, sitting as a juvenile court, terminating his parental rights to his son, Isaiah S. (case No. A-18-227) and his daughter, Gracelynn S. (case No. A-18-228). The underlying cases were heard jointly by the...
Bishop , Judge . I. INTRODUCTION Farm and Garden Center, L.L.C. (Farm & Garden), brought an action against Jim Kennedy on an unpaid balance for goods and services provided to him. Kennedy filed a counterclaim against Farm & Garden for damages based on "lost forage/bales for the 2012 crop season," which he claimed was the result of an improper application of chemicals and fertilizers by Farm & Garden. A jury returned a verdict of $104,180.27 in favor of Farm & Garden and a verdict of $7,511....
THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION AND MAY NOT BE CITED EXCEPT AS PROVIDED BY NEB. CT. R. APP. P. 2-102(E). MEMORANDUM OPINION AND JUDGMENT ON APPEAL MOORE , Chief Judge . I. INTRODUCTION Corey Scott Shanahan appeals from the order of the district court for Buffalo County, which awarded custody, parenting time, and child support regarding the parties' child. He assigns that the district court erred in awarding the child's mother, Aimee Susanne Blauvelt, sole legal...
THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION AND MAY NOT BE CITED EXCEPT AS PROVIDED BY NEB. CT. R. APP. P. 2-102(E). MEMORANDUM OPINION AND JUDGMENT ON APPEAL BISHOP , Judge . I. INTRODUCTION Following a bench trial in the district court for Saunders County, Jeremy D. Tackett, also known as James M. Tackett, was convicted of third degree assault on an officer, obstructing a police officer, resisting arrest, and two counts of false reporting. The district court ordered...
THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION AND MAY NOT BE CITED EXCEPT AS PROVIDED BY NEB. CT. R. APP. P. 2-102(E). MEMORANDUM OPINION AND JUDGMENT ON APPEAL RIEDMANN , Judge . INTRODUCTION Dennis J. Davey appeals the order of the district court for Douglas County, which denied his complaint to modify a decree of paternity and parenting plan. We conclude that the district court did not abuse its discretion in finding no material change in circumstances. We therefore...
Arterburn , Judge . I. INTRODUCTION Jose Huerta was convicted by a jury of first degree sexual assault. The district court subsequently sentenced Huerta to 6 to 8 years' imprisonment. Huerta appeals from his conviction here. On appeal, he assigns numerous errors, including that the district court erred in making certain evidentiary rulings and in failing to properly instruct the jury. In addition, Huerta alleges that he received ineffective assistance of trial counsel in various respects....
THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION AND MAY NOT BE CITED EXCEPT AS PROVIDED BY NEB. CT. R. APP. P. 2-102(E). MEMORANDUM OPINION AND JUDGMENT ON APPEAL MOORE , Chief Judge . INTRODUCTION Maria M. Starks and her husband, Virgil S. Starks, sued Wal-Mart Stores, Inc. (Wal-Mart), in the district court for Douglas County, as a result of Maria's slipping and falling on ice outside of a Wal-Mart store in Omaha, Nebraska. The district court sustained Wal-Mart's motion for...
THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION AND MAY NOT BE CITED EXCEPT AS PROVIDED BY NEB. CT. R. APP. P. 2-102(E). MEMORANDUM OPINION AND JUDGMENT ON APPEAL ARTERBURN , Judge . INTRODUCTION Zach Shaw, the special administrator for the estate of Joslen Shaw, brought suit against the Nebraska Medical Center (NMC) and the University of Nebraska Board of Regents (collectively Appellees) for alleged negligence which resulted in the death of Joslen. Prior to trial, the...
Riedmann , Judge . INTRODUCTION Benjamin J. Schmeidler appeals the order of the district court for Clay County which dissolved his marriage to Jessica F. Schmeidler, awarded custody and parenting time of the parties' minor child, and divided the marital estate. We affirm as modified as explained below. BACKGROUND Benjamin and Jessica were married in September 2011. Their daughter was born in 2014. On May 19, 2016, Benjamin filed a complaint for dissolution of the marriage. Trial on the...
Bishop , Judge . Scott and Karie Hansmeier filed a negligence claim against Merva Hansmeier and her employer, Western Insurors-Platte Valley Agency (Western Insurors), claiming that Merva improperly advised them regarding the need to purchase workers' compensation insurance for their farm and ranch operation. The district court for Keith County granted Merva and Western Insurors' motion for summary judgment. Scott and Karie appeal, claiming that there are genuine issues of material fact...
THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION AND MAY NOT BE CITED EXCEPT AS PROVIDED BY NEB. CT. R. APP. P. 2-102(E). MEMORANDUM OPINION AND JUDGMENT ON APPEAL BISHOP , Judge . INTRODUCTION Christen C. Bosse (Bosse) appeals his multiple convictions following a jury trial in the district court for Adams County. Bosse assigns error to the district court's rulings regarding his challenges to certain jurors, evidentiary issues, and his requested jury instructions. Bosse also...
Bishop , Judge . INTRODUCTION Following Brian L. Tiedeman's death, his nephew Dustin Lovorn filed a petition to have Tiedeman's purported holographic will admitted to probate in the county court for Lancaster County. Sue Ann Brethouwer and Jody Clark, two of Tiedeman's sisters, filed separate objections to Lovorn's petition, and the case was transferred to the district court for Lancaster County. The district court granted partial summary judgment in favor of Lovorn as to the document in...
THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION AND MAY NOT BE CITED EXCEPT AS PROVIDED BY NEB. CT. R. APP. P. 2-102(E). MEMORANDUM OPINION AND JUDGMENT ON APPEAL PIRTLE , Judge . INTRODUCTION Hannatu Tunga-Lergo appeals from an order of the district court for Douglas County which dismissed her negligence action against David K. Rebarcak and Geico General Insurance Company (Geico) as a sanction for noncompliance with discovery orders. Specifically, Tunga-Lergo refused to...
THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION AND MAY NOT BE CITED EXCEPT AS PROVIDED BY NEB. CT. R. APP. P. 2-102(E). MEMORANDUM OPINION AND JUDGMENT ON APPEAL PIRTLE , Judge . INTRODUCTION Tamara K. Fenster appeals from an order of the district court for Lancaster County which modified custody of the parties' two children and ordered Fenster to pay child support. In her brief on appeal, Fenster failed to include a separate section assigning error in the district court's...
