IRWIN, Judge. I. INTRODUCTION Ronald D. Sherman appeals an order of the district court for Cheyenne County, Nebraska, upholding the Department of Motor Vehicles' administrative revocation of Sherman's operator's license for refusal to submit to a chemical test. On appeal, Sherman asserts that the sworn report submitted at the administrative license revocation hearing was insufficient to establish a prima facie case and confer jurisdiction on the Department of Motor Vehicles (hereinafter the...
CASSEL, Judge. INTRODUCTION Midwest Renewable Energy, LLC (MRE), appeals from an order of the Tax Equalization and Review Commission (TERC). TERC affirmed a penalty imposed on MRE for the late filing of a tax return. Because MRE's evidence did not establish that the tax return was placed in an official U.S. Postal Service depository or that the custom of a postal carrier's retrieving the mail from MRE's mailbox actually occurred on the purported date of mailing, we affirm TERC's order....
NOTICE: 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 SIEVERS, Judge. Dana M. Adams appeals from a judgment on a jury verdict in the district court for Douglas County in favor of Logan Contractors Supply, Inc. (Logan Contractors) and Matthew Melichar on the issue of whether Melichar was negligent when, in the course of his employment with Logan Contractors, he...
NOTICE: 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 CASSEL, Judge. INTRODUCTION Tina M. Kirkpatrick appeals from the order of the district court for Custer County that modified the parties' dissolution decree to increase Darren W. Kirkpatrick's parenting time with the minor children. We note plain error. Because the court failed to make a verbatim record of the...
PIRTLE, Judge. INTRODUCTION Pursuant to this court's authority under Neb. Ct. R. App. P. 2-111(B)(1) (rev. 2008), this case was ordered submitted without oral argument. Marcos A. appeals from an order of the separate juvenile court of Douglas County determining permanent custody of Marcos S.A. (Marcos Jr.) and Andres S., terminating the jurisdiction of the juvenile court, and terminating the responsibility of the Nebraska Department of Health and Human Services (DHHS). BACKGROUND Marcos...
NOTICE: 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 IRWIN, Judge. I. INTRODUCTION Kenneth P. Wurdeman and Chong S. Wurdeman appeal an order of the district court for Lancaster County, Nebraska, declaring that Wells Fargo Bank, N.A. (Wells Fargo), is entitled to be subrogated to a first lien position and that the Wurdemans hold a lien junior and inferior to Wells...
NOTICE: 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 Juan F. Heredia appeals his conviction of first degree sexual assault in the district court for Douglas County. Based on the reasons that follow, we affirm. BACKGROUND On November 10, 2009, the State filed an information charging Heredia with "firest [sic] degree sexual assault on a...
NOTICE: 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 INBODY, Chief Judge. INTRODUCTION Robert Vance appeals the order of the Nebraska Workers' Compensation Court review panel which reversed portions of the trial court's award of disability; specifically, the trial court's percentage determination of permanent partial disability and the order for payment of Vance's...
PER CURIAM. I. INTRODUCTION Ryan King appeals the sentence imposed upon his plea to a charge of criminal conspiracy to commit murder in relation to the April 2009 homicide of Brian Carson in Douglas County, Nebraska. King asserts on appeal that the sentence imposed was excessive. We affirm. II. BACKGROUND The events giving rise to this case occurred in April 2009. At that time, Brian was killed by his son, Ryan Carson (Carson), in Douglas County, Nebraska, by blunt force trauma to the head....
IRWIN, Judge. I. INTRODUCTION This appeal concerns the determination of fees awarded to a guardian ad litem (GAL) for services rendered in a juvenile court action. Kate M. Jorgensen was appointed as GAL for David M., Miguel H., Edwin G., and Rogelio M. after the State filed a petition in the county court for Madison County, sitting as a juvenile court, alleging that the children were within the meaning of Neb.Rev.Stat. 43-247(3)(a) (Reissue 2008). Ultimately, the county court dismissed the...
NOTICE: 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 PER CURIAM. I. INTRODUCTION Colton Novascone appeals the sentences imposed upon his plea to charges of criminal conspiracy and second degree assault in relation to the April 2009 homicide of Brian Carson in Douglas County, Nebraska. We do not find the sentences imposed to be an abuse of discretion, and we affirm....
NOTICE: 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 IRWIN, Judge. I. INTRODUCTION Pursuant to this court's authority under Neb. Ct. R. App. P. 2-111(B)(1) (rev. 2008), this case was ordered submitted without oral argument. Sonny Balvin appeals from an amended sentencing order. In the order, the district court sentenced Balvin to 24 to 36 years' imprisonment for...
NOTICE: 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 Solomon Horton appeals from an order of the district court for Douglas County dismissing Horton's first amended complaint for damages in a negligence action against B & K Petroleum, Sarmed Ali, and Mohammed Ali, doing business as Infinite Oil Corporation, and finding that Horton's...
PER CURIAM. INTRODUCTION Victor Vela-Montes appeals from an order denying his motion for absolute discharge on speedy trial grounds. At the hearing on his motion for discharge, the district court received evidence precisely confirming the prosecutor's representations made at the time the State obtained a continuance. Vela-Montes argues that because the evidence was not produced at the earlier hearing in the form of an affidavit or live witness, the court erred in overruling his motion for...
CASSEL, Judge. I. INTRODUCTION John "Jake" McFadden (Jake) appeals from the order of the district court entering summary judgment in favor of McFadden Ranch, Inc., on its breach of fiduciary duty, constructive fraud, and conversion causes of action. Because McFadden Ranch adduced sufficient evidence to establish that it was entitled to judgment as a matter of law for breach of fiduciary duty and fraud, but not for conversion, we adjust the damages award accordingly and affirm in part as...
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 SIEVERS, Judge. I. INTRODUCTION Ann Collins (Ann) and Mary Gibreal, who are sisters, appeal from orders of the county court for Douglas County that found them jointly and severally liable for $88,250.98 to the successor trustee of the trust of their brother, Gilbert M. Gibreal, and for $55,507.16 for attorney fees, as...
STEPHAN, J. In 2001, Timmy Allen Timmens was convicted of second degree murder in connection with the death of Tracy Giugler and was sentenced to serve a term of 45 years' to life imprisonment. We affirmed his conviction and sentence on direct appeal. 1 Timmens was represented by different attorneys at trial and on direct appeal. In 2008, Timmens filed a motion for postconviction relief in which he alleged that his trial counsel was ineffective in several particulars and that his appellate...
MILLER-LERMAN, J. NATURE OF CASE A rental vehicle driven by James A. Nelson, appellant, was stopped for speeding by a Nebraska State Patrol trooper. After a conversation and further observations, consent to search was denied. Nelson was detained, and a drug detection canine called to the scene alerted. A search disclosed a package of cocaine. Nelson was charged with possession of cocaine with intent to deliver or distribute and another count which was later dismissed. A first motion to...
NOTICE: 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 Pursuant to this court's authority under Neb. Ct. R. App. P. 2-111(B)(1) (rev. 2008), this case was ordered submitted without oral argument. Kevin Runningbear was convicted of robbery in the district court for Lancaster County and sentenced to 2 to 4 years' imprisonment. On appeal,...
NOTICE: 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 CASSEL, Judge. INTRODUCTION This appeal concerns a surface water drainage dispute in which the owners of adjacent tracts of land each sought injunctive relief and damages against the other. Lynn A. Miller and Quality Ag, Inc. (collectively Miller), alleged that a dam on appellees' property blocked a natural...
