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 Codi Markey, now known as Codi Slama, appeals from an order of the district court for Lancaster County which denied her request to modify a provision in the parties' dissolution decree regarding what school their minor child can attend and granted in part Jeffrey Markey's counterclaim 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 This case involves two appeals from the district court for Douglas County, which have been consolidated for briefing and disposition. In case No. A-17-144, Walker pled no contest to possession of a deadly weapon by a prohibited person, a Class ID felony, and the court sentenced him to 45...
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 Joseph A. Goeken was convicted, pursuant to no contest pleas in separate cases in the district court for Douglas County, of possession of a controlled substance and possession of a deadly weapon by a prohibited person. He appeals, assigning that his sentences are excessive. We affirm...
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 Lou Ann Goding (Lou Ann) appeals from orders entered by the county court for Sherman County in two consolidated cases; one concerns the administration of her father's trust, and the other her father's estate. Lou Ann succeeded in removing her two siblings as cotrustees of their father'...
Riedmann , Judge . INTRODUCTION Casandra A. Hedglin appeals the order of the district court for Adams County which dismissed her complaint for failing to state a claim upon which relief could be granted. Although we treat the motion to dismiss as a motion for summary judgment, we find no merit to the arguments raised on appeal and therefore affirm. BACKGROUND On May 25, 2016, the City of Hastings, Nebraska (the City), received a notification of claim under the Political Subdivisions Tort...
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 Shawn T. Schmaderer and Todd R. Schmaderer were divorced in 2008, and the decree of dissolution was previously modified in 2012. The present appeal arises from modification proceedings initiated by Shawn in 2015. Shawn appeals from the order of the district court for Sarpy...
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 , Judge. INTRODUCTION Kalen M. appeals the November 22, 2016, order of the Douglas County Separate Juvenile Court adjudicating him as a child within the meaning of Neb. Rev. Stat. 43-247(2) (Supp. 2015) based upon the juvenile court's finding that the State had proved, beyond a reasonable doubt, that Kalen had committed the offense of first degree...
Arterburn , Judge . I. INTRODUCTION Brian P. Robeson appeals from his plea-based conviction for first degree sexual assault. On appeal, Robeson asserts that the district court erred in imposing an excessive sentence and in sentencing him without first obtaining a presentence investigation report. Robeson also asserts that he received ineffective assistance of counsel. For the reasons set forth herein, we affirm. II. BACKGROUND On January 4, 2016, the State filed an information charging...
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). BISHOP , Judge . Marcadus M. Walker pled no contest to two counts: strangulation, a Class IIIA felony (Count I); and attempted possession of a deadly weapon by a prohibited person, a Class II felony (Count II). The district court for Douglas County imposed consecutive sentences of imprisonment for a period of 3 years for Count I and imprisonment for a period...
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). ARTERBURN , Judge . I. INTRODUCTION McShane Construction Company, LLC (McShane) appeals and Mallory Fire Protection Services, Inc. (Mallory), cross-appeals from an order entered by the district court after a bench trial which found in favor of McShane for its breach of contract claim, but also found that the contract was divisible and that Mallory had...
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 . The State filed a supplemental petition alleging that Kelsey B. was a child as defined by Neb. Rev. Stat. 43-247(3)(a) (Reissue 2016) through no fault of her father, Daniel H. The separate juvenile court of Douglas County did not accept Daniel's plea, and after a subsequent evidentiary hearing...
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 . BACKGROUND Procedural Background. Megan is the mother of La Rissa E., born in 2005; Breanna E., born in 2008; Patience E., born in 2015; and Floyd E., born in 2016. Robert S. is the biological father of La Rissa, but he relinquished his parental rights to her in October 2016. Because Robert is 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). MEMORANDUM OPINION AND JUDGMENT ON APPEAL ARTERBURN , Judge . I. INTRODUCTION Following a bench trial, the district court found Chelsey Cook guilty of child abuse resulting in death. On appeal, Cook argues there was insufficient evidence to support her conviction and that she received ineffective assistance of counsel. For the reasons set forth below, we...
Inbody , Judge . INTRODUCTION The State of Nebraska appeals the decision of the Buffalo County District Court finding that Dawn Lockwood was not in contempt of court for failing to pay court-ordered child support and in refusing to allow the State to present additional evidence at the exception hearing to the referee's report. STATEMENT OF FACTS In July 2014, the district court ordered Lockwood to pay $50 per month in child support. In December 2015, the State filed an affidavit 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 OF APPEALS ARTERBURN , Judge . INTRODUCTION Allen R. Jennings, Sr., appeals from his plea-based convictions for attempted burglary and operating a motor vehicle during a revocation period. On appeal, he assigns only that the court imposed excessive sentences when it sentenced him to a period of 3 to 3 years' imprisonment in...
Arterburn , Judge . INTRODUCTION Nebraska Public Power District (NPPD) appeals and Northeast Nebraska Public Power District (Northeast) cross-appeals from an order entered by the district court for Wayne County granting summary judgment in favor of Northeast and denying NPPD's motion for summary judgment. On appeal, NPPD argues the district court erred in overruling NPPD's motion to dismiss for lack of subject matter jurisdiction, overruling NPPD's motion to compel, interpreting 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 MOORE , Chief Judge . INTRODUCTION Justin M. Barr was convicted following a jury trial in the district court for Douglas County of two counts of first degree sexual assault, second offense, and one count of first degree false imprisonment. The court subsequently sentenced Barr to concurrent terms of imprisonment of 20...
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 . INTRODUCTION Barry L. Croft appeals from an order of the district court for Douglas County overruling his motion to suppress evidence and finding him guilty of two counts of possession of a controlled substance after a stipulated bench trial. On appeal, Croft argues the district court erred 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 Following a jury trial, Leangelo Cook was found guilty of possession of a deadly weapon by a prohibited person, possession of a defaced firearm, and tampering with a witness. After finding him to be a habitual criminal the district court for Douglas County sentenced him to 10 to 14...
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 This appeal addresses the question of the enforceability of a contractual provision for liquidated damages. The district court determined that the liquidated damages provision was actually an unenforceable penalty and granted summary judgment in favor of Vaccination Services of...
