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. Tyler J. Chamberlain appeals from the order of the Lancaster County District Court denying his motion for absolute discharge pursuant to Nebraska's speedy trial statutes, Neb. Rev. Stat. 29-1205 through 29-1209 (Reissue 2008 & Cum. Supp. 2014). The district court determined that Chamberlain's right to a...
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. Louis Macias was riding his motorcycle on a highway in Worms, Nebraska, when he collided with a horse owned by Gary Bader. Macias was thrown from his motorcycle and sustained an injury to his left shoulder. Macias brought an action for negligence against Bader for failing to secure the horse's enclosure,...
Inbody , Chief Judge . INTRODUCTION Aaron P. Brooks appeals his plea-based conviction for refusal to submit to a chemical test enhanced by two prior convictions and the sentence imposed thereon. We reject Brooks' argument that mitigating facts brought to the attention of the district court by a defendant pursuant to Neb.Rev.Stat. 60-6,197.02(3) (Cum.Supp. 2014) are used by the court in determining whether an otherwise valid prior offense should be used for the purpose of enhancement....
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 traffic stop, Nebraska State Trooper Bethany Bauer seized two packages of cocaine contained inside a spare tire located underneath a rental minivan that Samuel D. Bowman was driving eastbound on Interstate 80. Bowman filed several pretrial motions to suppress the evidence of...
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 John DeGeorge and Digiorgio's Sportswear, Inc. (Digiorgio's), appeal an order of the district court for Douglas County granting a motion to dismiss filed by the appellees, Timothy DeGeorge, Anthony DeGeorge, and Christopher Tribulato Christopher). John alleged to bring this action both...
Riedmann , Judge . INTRODUCTION Gilbert Wolken appeals from the order of the district court for Gage County which ordered specific performance of an oral contract for the transfer of land from Wolken to Gerald Ficke. Because we find that the evidence establishes that the oral contract falls within an exception to the statute of frauds, we affirm. BACKGROUND This case arises out of an alleged oral promise by Wolken to give Ficke 80 acres of farmland after Ficke had worked for Wolken for...
Pirtle , Judge . INTRODUCTION The Village of Filley loaned money to HeatSource 1, Inc. (HeatSource), pursuant to a community development block grant program. Mark Setzer, Kathy Setzer, and Thomas Setzer (collectively appellants) were guarantors on the loan. HeatSource defaulted on the loan, and Filley filed suit against appellants. The district court for Gage County granted partial summary judgment in favor of Filley, finding that Filley's cause of action was not barred by the statute of...
Bishop , Judge . I. INTRODUCTION Alice Shea (Alice) is the ex-wife of decedent William Lorenz. The county court for Douglas County granted summary judgment in favor of the personal representative of William's estate (Estate) on two issues: (1) Alice's petition for the appointment of a special administrator and (2) her challenge to a codicil to William's will (Second Codicil). The county court concluded, in essence, that a request to remove a personal representative must precede a request...
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 Patrick B., Sr. (Patrick Sr.), appeals and Trudy T. cross-appeals from an order of the juvenile court which adjudicated their minor child, Patrick B., Jr. (Patrick Jr.), to be a juvenile as defined in Neb. Rev. Stat. 43-247(3)(a) (Supp. 2013). On appeal, both Patrick Sr. and Trudy assert that there was insufficient evidence 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). IRWIN, Judge. I. INTRODUCTION James C. Peterson appeals an order of the district court for Douglas County, Nebraska, denying his application for modification of custody and removal of minor children from the jurisdiction. On appeal, James asserts that the court was biased against him, argues that the court erred in failing to allow him to remove the parties'...
Riedmann , Judge . INTRODUCTION Buck's, Inc., appeals from the order of the district court for Douglas County denying a motion for summary judgment filed by Buck's and granting summary judgment in favor of the City of Omaha (the City). On appeal, Buck's also challenges certain evidentiary rulings. Finding no merit to the arguments on appeal, we affirm the district court's decision. BACKGROUND Buck's is a Nebraska corporation that owned and operated a gas station on the northwest corner...
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 Denise A. Marshall appeals an order of the district court for Douglas County, Nebraska, establishing paternity of two minor children, making an initial custody determination, and ordering that the children remain in Nebraska. On appeal, Marshall asserts that the court erred in awarding...
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, Judge. I. INTRODUCTION Keith Emery Koch appeals, and Lori Ann Koch cross-appeals, from the decree of dissolution entered by the Knox County District Court dissolving the parties' marriage. The parties both challenge certain portions of the decree, including findings regarding the parties' marital estate and 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). MEMORANDUM OPINION AND JUDGMENT ON APPEAL PIRTLE, Judge. INTRODUCTION Paul P. appeals from two orders of the separate juvenile court of Douglas County. The first order denied Paul's request to have his daughter, Maykala P., placed in his care and held that she was to remain in the temporary custody of the Nebraska Department of Health and Human Services (...
Riedmann , Judge . INTRODUCTION Agok Arok Agok appeals from the order of the district court for Hall County dismissing his motion for postconviction relief without an evidentiary hearing. Because we find that Agok was denied his constitutional right to be represented by counsel on direct appeal, we reverse the dismissal of Agok's motion for postconviction relief and remand the matter to the district court with directions to grant Agok a new direct appeal and to appoint new counsel 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 MOORE, Chief Judge. Bret A. Erickson challenges his convictions and sentences following a jury trial in the district court for Scotts Bluff County. Erickson contends there was insufficient evidence to convict him of violations of Nebraska's Sex Offender Registration Act (SORA) and that he received excessive sentences....
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. Tonya Pitcher and Robert Pitcher brought a negligence action against Wal-Mart Stores, Inc. (Wal-Mart), for personal injuries Tonya suffered after she slipped and fell inside a Wal-Mart store in Lincoln, Nebraska. The district court for Lancaster County granted Wal-Mart's motion for summary judgment....
Inbody, Chief Judge. INTRODUCTION James A. Adams appeals the order of the Douglas County District Court granting the motions for summary judgment of appellees Manchester Park, L.L.C. (Manchester), and Southfork Homes, Inc. (Southfork). For the reasons that follow, we affirm in part, and in part reverse and remand for further proceedings. STATEMENT OF FACTS Manchester previously owned a subdivision in Omaha, Douglas County, Nebraska, consisting of numerous residential lots near 168th 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). IRWIN, Judge. I. INTRODUCTION Nicholas Wildman appeals an order of the Nebraska Workers' Compensation Court, and George Witt Service, Inc., and Meadowbrook Insurance Group (collectively George Witt) cross-appeals the order. Both parties assert on appeal, in part, that the order of the compensation court was not a reasoned decision compliant with Workers' Comp....
Pirtle , Judge . INTRODUCTION Rebecca Griffin (Rebecca) appeals from the August 7, 2013, order of the county court for Jefferson County, distributing settlement proceeds of $616,000 between herself and William J. Panec, the surviving spouse, personal representative, and appellee herein. For the reasons that follow, we affirm. BACKGROUND Ellen M. Panec and her husband, William, were involved in a serious automobile collision in Lincoln, Nebraska, on September 19, 2011. Both sustained...
