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). IRWIN, Judge. I. INTRODUCTION The State of Nebraska has filed this appeal, asserting that the sentence imposed upon Jacob A. Martinez' plea to a charge of sexual assault was excessively lenient. In light of the record in this case and the trial court's consideration of all relevant factors before imposing its sentence, and in light of the standard of review 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). PIRTLE, Judge. I. INTRODUCTION The James Neff Kramper Family Farm Partnership (the Partnership) appeals from the order granting the appellees' motion for summary judgment, issued by the district court for Dakota County on March 2, 2012. For the reasons that follow, we affirm. II. BACKGROUND Originally, Pius Neff owned a tract of land in Dakota County, Nebraska....
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). IRWIN, Judge. I. INTRODUCTION Heather D. Doll appeals an order of the district court for Douglas County, Nebraska, denying her application to remove the parties' minor children to Florida so that she could move and live with her new husband. Jason L. Doll cross-appeals, asserting that the district court erred in not modifying custody and child support. Upon our...
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). INBODY, Chief Judge. I. INTRODUCTION Kristin M. Smith appeals from the order of the Douglas County District Court dissolving her marriage to Gerald H. Smith (Jerry). Kristin contends that the district court erred in finding that one of Jerry's businesses was premarital property, in finding that the family residence did not increase in value and that she did not...
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). INBODY, Chief Judge. I. INTRODUCTION Randy R. Harms appeals the Custer County District Court's denial of his motion for postconviction relief following an evidentiary hearing. He argues numerous ways in which he alleges that he received ineffective assistance of counsel. II. STATEMENT OF FACTS In 2008, Harms was convicted by a jury of attempted first degree...
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). MOORE, Judge. INTRODUCTION Scottsbluff Urology Associates, P.C. (SBU), and John N. Kabalin, M.D., appeal from a judgment of the Scottsbluff County District Court in favor of Robert F. Graves, M.D., awarding him monetary damages for the value of his stock in SBU and for unpaid incentive compensation. Because the district court's findings are not clearly wrong, we...
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). IRWIN, Judge. I. INTRODUCTION David Featherston appeals the order of a three-judge review panel for the Nebraska Workers' Compensation Court which reversed the trial court's modification of the original award. On appeal, Featherston challenges the review panel's finding that the evidence did not support the trial court's finding of fact that Featherston had...
RIEDMANN, Judge. INTRODUCTION Nick Lesser, also known as Klaus Lesser, appeals from the order of the district court for Sarpy County affirming the county court's dismissal of his action. We find the district court erred, and we reverse, and remand for further proceedings. BACKGROUND Lesser filed a small claims action against Eagle Hills Homeowners' Association, Inc. (Eagle Hills), in the county court for Sarpy County for reimbursement of filing fees paid by Lesser to file amended homeowners'...
****HEADNOTE****> ****HEADNOTE****> RIEDMANN, Judge. INTRODUCTION Amy B. appeals an order of the district court for Douglas County granting Joshua M. custody of the parties' minor child, Keegan M. Because we find no error in the trial court's decision, we affirm. BACKGROUND Keegan, born in March 2003, is the biological child of Joshua and Amy. The State commenced an action to establish Joshua's paternity and compel child support. The court entered an order establishing paternity and...
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 Amber S. cross-appeals from the order of the separate juvenile court of Douglas County which terminated her parental rights to her three daughters, Saunia T., Mataya H., and Makiya H. On cross-appeal, Amber challenges the juvenile court's finding that terminating her parental rights was 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 RIEDMANN, Judge. I. INTRODUCTION Ellen Stride Bresnahan appeals the decision of the county court for Douglas County that admitted Eva Stride's October 25, 2005, will (2005 Will) into probate. Because we find that the trial court did not err, we affirm the judgment. II. BACKGROUND Eva died on July 11, 2011, while...
IRWIN, Judge. I. INTRODUCTION James Griffin appeals an order of the district court for Douglas County, Nebraska, denying his application for post-conviction relief without conducting an evidentiary hearing in these two consolidated cases. We find that the record demonstrates that a reasonable doubt concerning Griffin's competency to be sentenced was raised to the trial court at the time of Griffin's sentencing and that the trial court failed to comport with due process in addressing the...
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). IRWIN, Judge. INTRODUCTION Darwin E. Anderson appeals from the order of the Nebraska Workers' Compensation Court that denied his request for an award for future medical expenses. Finding no error on the part of the compensation court, we affirm. STATEMENT OF FACTS Much of the evidence presented in this case was stipulated to by the parties or was otherwise...
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). SIEVERS, Judge. INTRODUCTION John D. Chol appeals from convictions of third degree assault and tampering with a witness, claiming that the district court erred in denying his motion for directed verdict as to both charges and erred in denying his request for a self-defense instruction. After our review, we find that the district court properly denied both...
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). RIEDMANN, Judge. INTRODUCTION Seal-Rite Insulation and Iowa Mutual Insurance Company, its workers' compensation insurance carrier (collectively Seal-Rite), appeal from the order of the Workers' Compensation Court review panel affirming the trial court's award of home health care benefits. Because we find the evidence does not support the findings, we reverse,...
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 Jon D. Stolp appeals from a sentence handed down by the district court for York County as a result of his no contest plea to driving under the influence of alcohol, third offense. Although he complains the sentence was excessive, we find that the district court judge who accepted his plea...
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 Mervin Reese Photographers, Inc. (Mervin Reese), appeals a September 2011 order of the district court for Douglas County, Nebraska, purporting to dismiss Mervin Reese's negligence action against Countryside Village, Inc. We conclude that the district court had already dismissed Mervin Reese'...
IRWIN, Judge. I. INTRODUCTION Timothy J. Pohlmann appeals and Janna B. Pohlmann cross-appeals from a decree of dissolution entered by the district court, which decree dissolved the parties' marriage, divided the marital assets and debts, awarded Janna custody of the parties' minor children, and ordered Timothy to pay child support and alimony. On appeal, Timothy asserts that the district court erred in awarding custody of the parties' children to Janna, in dividing the parties' marital...
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 Following a bench trial, Corey D. Dugger appeals his conviction for strangulation which was charged as a Class III felony, because he had a prior conviction for strangulation. Dugger challenges the admission of evidence and the sufficiency of the evidence to convict him. We find no merit to...
MOORE, Judge. INTRODUCTION In this appeal, brought pursuant to the Administrative Procedure Act, the director of the Nebraska Department of Motor Vehicles and the Nebraska Department of Motor Vehicles (collectively the Department) appeal from a decision of the district court for Lancaster County vacating and remanding the Department's revocation of Sarah E. Penry's operator's license. The district court's decision was based on the conclusion that the hearing officer did not have statutory...
