A-12-0833, Travelers Indemnity Company v. T & S Drywall Finishing, Inc. (Appellant)

District Court for Douglas County, District Judge Leigh A. Retelsdorf

Attorneys for Appellant:  Christopher A. Sievers & Josh F. Henningsen (Timmermier Gross Law Firm) & Willam E. Pfeiffer

Attorneys for Appellee:  Robert J. Wonnell (McAnay Van Cleave & Phillips Law Firm) & Kirk E. Brumbaugh & Mark Quandahl (Brumbaugh Quandahl Law Firm) & Adam Wachal (Gross Welch Law Firm)

Civil Action:  Insurance contract dispute

Action taken by the Trial Court:  The trial court implicitly found that the insurance agreement was an enforceable contract, found that Travelers was entitled to audit and make changes to the insurance premium, found that Travelers properly calculated the increased premium, found that Travelers was permitted to make premium changes retroactively, and entered judgment in favor of Travelers for $137,892 plus interest and costs.

Assignments of Error on Appeal:  Did the trial court err in finding that Travelers and T & S entered into a valid and enforceable contract? Did the trial court err in finding that Travelers properly calculated an increased premium? Did the trial court err in finding that Travelers could make retroactive premium changes?

A-12-0834, Faye Spracklin (Appellant) v. Gordon E. Spracklin, Personal Representative of the Estate of Eugene G. Spracklin, Deceased

Douglas County, District Court Judge Kimberly M. Pankonin

Attorney for Appellant:  Ralph E. Peppard (Peppard Law Office)

Attorney for Appellee:  Thomas A. Grennan, Abbie M. Schuman (Gross & Welch, PC, LLO)

Civil Action:  Negligence

Action Taken by Trial Court:  The district court overruled appellant’s motion for partial summary judgment; granted appellee’s motion for summary judgment; and dismissed appellant’s complaint with prejudice.

Assignments of Error on Appeal:  On appeal, appellant alleges that the district court erred in finding that she was a person related to the operator of the motor vehicle within the second degree of affinity as defined by the Nebraska Motor Vehicle Guest Statute and in failing to grant her motion for partial summary judgment.

A-12-0551, State of Nebraska v. Larry Ruegge (Appellant)

Holt County, District Court Judge Mark Kozisek

Attorney for Appellant:  Michael S. Borders

Attorney for Appellee:  Jon Burning, George R. Love (Attorney General’s Office)

Criminal Action:  Burglary

Action Taken by Trial Court:  After a jury trial, appellant was found guilty of burglary. Subsequently, he was found to be a habitual criminal and was sentenced to 14 to 20 years in prison.

Assignments of Error on Appeal:  On appeal, appellant assigns numerous errors, including that there was insufficient evidence to support his conviction; that the prosecutor committed various instances of misconduct; and that the district court erred in denying his motion for a directed verdict and his motion for a mistrial. Appellant also alleges that his counsel provide ineffective assistance throughout the trial.

A-12-0750, Richard F. Page, III (Appellant) v. Christy L. Page

District Court for Hamilton County, District Judge Michael J. Owens

Attorney for Appellant:  Thomas A. Wagoner (Wagoner Law Firm)

Attorney for Appellee:  John B. McDermott (Shamberg Wolf Law Firm)

Civil Action:  Custody modification

Action taken by the Trial Court:  The trial court found a material change of circumstances and modified the custody award from Richard to Christy.

Assignment of Error on Appeal:  Did the trial court err in finding that a material change of circumstances had occurred? Did the trial court err in finding that placement with Christy was in the children’s best interests?

A-12-0547, Stitch Ranch, LLC v. Double BJ Farms, Inc. (Appellant)

Dawson County, District Court Judge James E. Doyle

Attorney for Appellant:  Patrick J. Nelson (The Law Office of Patrick J. Nelson, L.L.C.)

Attorney for Appellee:  Stephen D. Mossman (Mattson, Ricketts, Davies, Steward & Calkins)

Civil Action:  Breach of contract

Action Taken by Trial Court:  The district court found that the parties ascribed different meanings to the term “feedlot permit” as it was used in their real estate contract. The court then found that the parties’ different understandings of that term constituted a mistake and determined that the contract should be rescinded.

Assignments of Error on Appeal:  On appeal, appellant asserts that the district court erred in 1) finding that the parties ascribed different meanings to the term “feedlot permit” in the contract; 2) determining that the parties’ different understandings of the term “feedlot permit” constituted a mistake; and 3) rescinding the contract. In addition, appellant alleges that the court erred in failing to order specific performance of the contract and in failing to order appellee to account for rents and profits of the property after the scheduled date of the closing.

A-12-0650, Debra J. Junker, et al. (Appellants) v. Paul Maruska,et al. (Appellees)

District Court for Kearney County, District Judge Stephen R. Illingworth

Attorney for Appellants:  George G. Vinton

Attorney for Appellee (SLS Partners):  Donald J. Pepperl (Pepperl Law Firm)

Attorney for Appellees (Elwyn and Joel Carlson):  Steve Windrum

Civil Action:  Third party liability for participation in breach of trust by trustee

Action taken by the Trial Court:  The trial court granted Appellees’ motions for summary judgment and denied Appellants’ motion. The court determined that SLS and Elwyn and Joel Carlson did not know that the trustee was exceeding his authority, that they dealt with the trustee in good faith, and that Appellants had failed to prove that a constructive trust was warranted. The court also determined that Appellant Dale Carlson had unclean hands.

Assignments of Error on Appeal, Consolidated and Restated:  Did the trial court err in finding that the Appellees acted in good faith with the trustee? Did the trial court err in requiring the Appellants prove by clear and convincing evidence that a constructive trust was necessary, when the court should only have asked whether Appellees had shown no genuine issues of material fact and that they were entitled to judgment as a matter of law? Did the trial court err in making findings of fact when the court should have determined only whether there were genuine issues of material fact and, specifically, in making findings of fact related to Appellant Dale Carlson’s role in certain transactions? Did the trial court err in failing to treat Appellants’ alleged facts as true for purposes of summary judgment? Did the trial court err in finding that Appellant Dale Carlson had unclean hands? Did the trial court err in granting summary judgment for Appellees while denying Appellants’ motion for summary judgment?

A-12-0657, Covington v. Riggle (Appellant)

Lincoln County, District Court Judge Donald E. Rowlands

Attorney for Appellant:  R. Bradley Dawson (Lindemeier, Gillett & Dawson)

Attorney for Appellee:  James C. Bocott (Law Office of James C. Bocott, PC, LLO)

Civil Action:  Modification of Custody

Action Taken by Trial Court:  District court denied the appellant’s complaint for a modification of custody, placing both legal and physical custody of the child with the appellee. The court also ordered the appellant to pay all costs of the proceeding, including $300 for an expert witness fee for an expert called by the appellee.

Assignments of Error on Appeal:  The appellant contends that the district court erred in refusing to take judicial notice of a guardian ad litem report that it had previously referenced and relied upon in a prior journal entry in this case, in concluding that placing legal and physical custody of the minor child with the appellee was in the minor child’s best interests, and in ordering appellee to pay all the costs of the proceedings, including the expert witness fee for an expert witness called to testify by the appellee.

A-12-0945, A-12-0946, A-12-0947, In re Interest of Averie G., et al

Scotts Bluff County, County Court Judge James Worden

Attorney for Appellant:  Todd Morten (Island & Huff)

Attorney for Appellee: Tiffany Wasserberger (Scotts Bluff County Attorney’s Office)

GAL for children: David P. Broderick (Douglas, Kelley, Ostdiek & Ossian)

Juvenile Action:  Change in Permanency Objectives in Case Plan from Reunification to Adoption

Action Taken by Trial Court:  The trial court adopted the case plan which changed the permanency goal from concurrent objectives of reunification and adoption to adoption only. The court also denied appellant’s motion to proceed in forma pauperis.

Assignments of Error on Appeal:  Appellant contends that the court erred in adopting the case plan which changed the goal from adoption with a concurrent goal of reunification to adoption alone, denying appellant’s application to proceed in forma pauperis, and in finding that reasonable efforts had been made by the State.

A-12-0713, Brent Bussell (Appellant) v. Sheri Bussell (Cross-Appellant)

District Court for Chase County, District Judge David W. Urbom

Attorney for Appellant:  James C. Bocott (Bocott Law Office)

Attorneys for Appellee:  Larry R. Baumann & Angela R. Shute (Kelley Scritsmier Law Firm)

Civil Action:  Dissolution of marriage

Action taken by the Trial Court:  The trial court dissolved the parties’ marriage, divided the marital estate, and awarded alimony and attorney fees to Sheri. Brent moved for a new trial, and the trial court granted the motion and in part denied the motion.

Assignment of Error on Appeal:  Did the trial court err in valuing Brent’s interest in certain farm equipment?

Assignments of Error on Cross-Appeal:  Did the trial court err in calculating the value of certain premarital assets of Brent? Did the trial court err in calculating child support and in failing to order Brent to pay the health insurance premiums for Sheri and the minor children for six months following the dissolution? Did the trial court err in failing to award alimony to Sheri for a period of ten years? Did the trial court err by awarding attorney fees of only $10,000?

A-12-0963, Anna Marie Roness v. Walmart Stores, Inc. (Appellant)

Workers’ Compensation Court; Judge J. Michael Fitzgerald

Attorney for Appellant:  Jennifer S. Caswell (Ritsema & Lyon, P.C.)

Attorney for Appellee:  Michael W. Meister

Civil Action:  Workers’ Compensation action to determine benefits for injured employee.

Action Taken by Trial Court:  The trial court found Appellee sustained an accident and injury arising out of and in the course and scope of her employment and ordered payment of medical bills and temporary total disability benefits.

Assignments of Error on Appeal: Appellant asserts on appeal that the compensation court erred in admitting reports and deposition testimony from a physician’s assistant into evidence at trial, in finding a compensable injury, and in awarding temporary total disability benefits.

A-12-1027, State of Nebraska on behalf of Savannah E. and Catilyn E, children under 18 years of age v. Kyle E. (Appellee) v. Amanda W. (Appellant)

Kimball  County, District Court Judge Derek C. Weimer

Attorney for Appellant:  Audrey M. Elliott (Kovarik, Ellison & Mathis, P.C.)

Attorney for Appellee:  Leonard G. Tabor

Domestic Action:  Modification of custody

Action Taken by Trial Court:  The district court granted appellee’s request to change the previous custody arrangement such that he be awarded primary physical custody of the parties’ minor children.

Assignments of Error on Appeal:  On appeal, appellant asserts that the district court erred in finding a material change of circumstances warranting a change in custody; erred in granting appellee’s request to change custody; and erred in failing to modify appellee’s child support obligation.

A-12-0813, Manjit Bajwa d/b/a Tabb Enterprises (Appellant) v. Robert Stevens, Thomas Stevens, and Guardian Real Estate (Appellees/Cross-Appellants) and Bank of Bennington (Appellee)

Butler County, District Judge Timothy P. Burns

Attorney for Appellants:  Bilal A. Khaleeq (Khaleeq Law Firm LLC)

Attorney for Appellee/Cross-Appellants:  Douglas W. Ruge, III 

Attorneys for Appelle Bank:  Patrick D. Pepper and April N. Hook (McGrath North Mullin & Kratz PC, LLO)

Civil Action:  Summary Judgment/Quiet Title; Attorney Fees and Costs

Action Taken by Trial Court:  The district court found granted the Appellees’ motion for summary judgment after finding that Bajwa/Tabb Enterprises had received a payoff covering the two subject properties in this case.

Assignments of Error on Appeal:  Tabb Enterprises assigns that the district court erred in (1) entering its Summary Judgment Order because it relied upon facts not in evidence regarding the number of properties contemplated in the payoff negotiations in 2003; and (2) granting Appellees’ motion for summary judgment because there were several genuine issues of material fact.  

Assignments of Error on Cross-Appeal: Robert Stevens, Thomas Stevens, and Guardian Real Estate assign that the district court erred in (1) not finding that the actions, pleadings, and filings of Tabb Enterprises did not amount to slander of title and did not amount to a frivolous claim entitled the Stevens and Guardian Real Estate to attorney fees; and (2) failing to award costs to the Stevens and Guardian Real Estate.

A-12-0700, Phil A. Anania and Holly A. Hackwith, Carter Abbott and Lenore Cuddy, Jon R. Empson and Cynthia S. Empson, Karla R. Ewert as Trustee of the Karla R. Ewert Revocable Trust, Ronald W. Fernley and Mary J. Fernley, Michael L. Henery, David J. Hengen, Sally A. Kaiser, James D. Laguzza and Regina K. Laguzza, John P. Nepper, Sr. as Trustee of the John P. Nepper Revocable Trust, and Harold T. Swan and Linda K. Swan (Appellants) v, Riverfront Partners, LLC, a Nebraska limited liability company

Douglas County, District Court Judge James T. Gleason

Attorney for Appellant:  Allan A. Armbruster, Jr. (Armbruster Law Office)

Attorney for Appellee:  Richard P. Jeffries (Cline Williams Wright Johnson & Oldfather, L.L.P.)

Civil Action:  Contract Interpretation

Action Taken by Trial Court:  The trial court interpreted the contract in favor of Riverfront Partners, LLC and entered judgment in favor of Riverfront as to each plaintiff.

Assignments of Error on Appeal:  The plaintiffs argue that the trial court erred in 1) finding a paragraph in the contract to be ambiguous, 2) using extrinsic evidence to interpret the contract, 3) finding that the plaintiff’s conduct at closing constituted a waiver of the right to reconciliation, and 4) failing to find that the plaintiffs were entitled to prejudgment interest.

A-12-0738, Clyde M. Kellogg v. Dian L. Kellogg (Appellant)

Washington County, District Judge John Sampson

Attorney for Appellant:  Paul J. Gardner, Kevin J. McCoy, Aaron F Smeall (Smith, Gardner, Slusky, Lazer, Pohren & Rogers, LLP)

Attorney for Appellee:  Michael J. Wilson (Schaefer Shapiro, LLP)

Civil Action:  Dissolution of marriage

Action Taken by Trial Court:  The district court dissolved Clyde and Dian’s marriage, approved a partial property settlement agreement, and ordered Dian to pay Clyde alimony.

Assignments of Error on Appeal:  Dian alleges the district court erred in ordering her to pay Clyde alimony.

A-12-1030, Melanie L. Dragon n/k/a Melanie L. Tuamoheloa (Appellant) v. Christopher Dragon

Sarpy County, District Court Judge Max J. Kelch

Attorney for Appellant:  Tracy L. Hightower-Henne (Hightower Reff Law, LLC)

Attorney for Appellee:  Hugh I. Abrahamson (Abrahamson Law Office)

Civil Action:  Modification of Decree           

Action Taken by Trial Court: The trial court denied Appellant’s request to remove the minor child to New Mexico and found a material change of circumstances warranted a change in custody from Appellant to Appellee

Assignments of Error on Appeal:  Did the trial court err in denying Appellant’s request to remove the child from the State of Nebraska?