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Court of Appeals Call Case Summaries

Inbody, Pirtle and Bishop, Judges

Omaha - Wednesday, March 11, 2015 subject to call at 9:30 AM

A-14-0289, Skutchan (Appellant) v. Grenfell Eating Establishments, Inc.

Saline County, District Court Judge Vicky L. Johnson

Attorney for Appellant:  Justin Kuntz, Marc Odgaard (Hanson, Hroch & Kuntz)

Attorney for Appellee:  Thomas A. Grennan (Gross & Welch)

Civil Action:  Slip & Fall

Action Taken by Trial Court:  The district court sustained the appellee’s motion for summary judgment and dismissed appellant’s action.

Assignments of Error on Appeal:  The appellant contends that the district court erred in granting summary judgment in favor of the appellee, in weighing the evidence at the summary judgment stage of the proceedings, and in receiving certain exhibits into evidence.

A-14-0535, Jamie N. o/b/o Madison N. (Appellant) v. Kenneth M. v. Eric C.  

Sarpy County, District Judge William B. Zastera

Attorney for Appellant:  W. Gregory Lake & David J. Reed (Lewis, Pfanstiel, & Reed, LLC)

Attorney for Appellee/Third Party Defendant: Charles L. Grimes (Vacanti Shattuck)

Civil Action: Complaint to rescind notarized acknowledgement of paternity and establish paternity of third party defendant

Action Taken by Trial Court:  The district court granted summary judgment in favor of Kenneth M., rescinding his notarized acknowledgment of paternity; the district court subsequently granted summary judgment in favor of Eric C. (Madison’s biological father), finding that the action to establish his paternity was barred due to res judicata and collateral estoppel.

Assignments of Error on Appeal: Jamie N. alleges the district court erred (1) in failing to find there was a question of fact as to Eric C.’s motion for summary judgment after it granted Kenneth M.’s motion for summary judgment and rescinded his acknowledgment of paternity and (2) failing to hear her constitutional claim of discrimination under the equal protection clause.

A-14-0106, A. Raymond Plumbing, Inc. v. James Eggers (Appellant)

 

Douglas County, District Court Judge J. Michael Coffey

Attorney for Appellant:  Theodore R. Boecker, Jr. (Boecker Law, P.C., L.L.O.)

Attorney for Appellee:  Martin A. Cannon (Cannon Law Office)

Civil Action:  Contract Dispute       

Action Taken by Trial Court:  In the county court, Appellee’s action against Appellant was voluntarily dismissed. The allegations in Appellant’s counterclaim were deemed admitted and the trial court awarded damages, costs and sanctions to Appellant. On appeal, the district court set aside the award of damages and ordered a retrial on this issue. The district court affirmed the award of sanctions and costs.

Assignments of Error on Appeal:  Did the district court err in setting aside the award of damages? Did the district court err in ordering a retrial on the issue of damages?

Moore, Chief Judge, Irwin and Riedmann, Judges

Norfolk - Tuesday, March 17, 2015 subject to call at 1:00 PM

A-14-0458, State of Nebraska v. Jamie Murillo (Appellant)

Dakota County, District Court Judge Paul J. Vaughan

Attorney for Appellant:  John F. Loos, Jr. (Public Defender’s Office)

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

Civil Action:  Postconviction  

Action Taken by Trial Court:  The district court denied Murillo’s motion for postconviction relief after an evidentiary hearing which was limited to his claims of ineffective assistance of counsel.

Assignments of Error on Appeal:  Murillo assigns that the district court erred in denying his motion for postconviction relief.

 

 

A-14-0573, State of Nebraska v. Adam T. Woldt (Appellant)

District Court for Cuming County, District Judge James G. Kube

Attorney for Appellant:  Thomas B. Donner (Donner Law Firm)

Attorney for Appellee:  Austin N. Relph (Attorney General’s Office)

Criminal Action:  Driving under the influence, motion to suppress

Action taken by the Trial Court:  The county court denied Woldt’s motion to suppress, and Woldt was convicted following a bench trial. The district court affirmed.

Assignments of Error and Issues on Appeal:  Did the district court err in affirming the county court’s overruling of Woldt’s motion to suppress and finding of sufficient evidence to convict him?

A-14-0618, State v. Vigil No case summary is available for this case at this time.

A-14-0841, In re Interest of Trenton W., a child under 18 years of age.

A-14-0842, In re Interest of Ashlee W., a child under 18 years of age.

A-14-0843, In re Interest of Emily W., a child under 18 years of age.

A-14-0844, In re Interest of Bella W., a child under 18 years of age.

A-14-0845, In re Interest of Jasmine W., a child under 18 years of age.

State of Nebraska v. Susan W. (Appellee) v. Richard W. (Appellant)

Boone County, County Court Judge Stephen R.W. Twiss

Attorney for Appellant (Richard W.):  Ted M. Lohrberg

Attorney for Appellee (Guardian Ad Litem):  Jeffrey M. Doerr

Attorney for Appellee (Susan W.):  Jeffrey C. Jarecki

Juvenile Action:  Adjudication

Action Taken by Trial Court:  The juvenile court adjudicated the minor children of Richard W. and Susan W. within the meaning of Neb. Rev. Stat. § 43-247(3)(a).

Assignments of Error on Appeal:  On appeal, the appellant, Richard W., assigns that the juvenile court erred in (1) overruling his objections to the admission of certain evidence concerning issues not raised in the petition for adjudication, and (2) finding sufficient evidence to support adjudication when the State failed to prove that the allegations posed a definite risk of future harm to the minor children. On cross-appeal, Susan W., as appellee, assigns that the juvenile court erred in finding sufficient evidence to support the adjudication.

 

Lincoln - Wednesday, March 18, 2015 subject to call at 9:00 AM

A-14-0086, State v. Dlouhy No case summary is available for this case at this time.

A-14-0689, In re Adoption of Riley L., A minor child. Robert S. (Appellant) v. Alisha B. and Jacob B.

County Court for Lincoln County, County Judge Michael E. Piccolo

Attorney for Appellant:  Patrick M. Heng (Waite McWha Law Firm)

Attorney for Appellees:  James R. Korth (Reynolds Korth Law Firm)

Civil Action:  Adoption

Action taken by the Trial Court:  The trial court found that Robert abandoned the child and that, pursuant to Neb. Rev. Stat. § 43-103(2), his consent was not required for the adoption.

Assignments of Error on Appeal:  Did the trial court err in finding that Robert’s consent was not required for the child’s adoption because he abandoned the child?

A-14-0859, In re Interest of Madison V. No case summary is available for this case at this time.

A-14-0705, Michael Williams v. EGS Appleton (Appellant)

Workers’ Compensation Court

Attorney for Appellant:  Timothy E. Clarke (Baylor Evnen Law Firm)

Attorneys for Appellee:  Joseph C. Dowding, Jeffrey A. Bloom, & Jonathan E. Urbom (Dowding Dowding Law Firm)

Workers’ Compensation Action:  Compensability of employee’s injury

Action taken by the Trial Court:  The trial court denied additional indemnity benefits due to chronic pain and depression, but it awarded disability benefits for the left shoulder and all reasonable and necessary future medical expenses related to the original back injury, original foot injury, depression and post-accident complications.

Assignments of Error on Appeal, Consolidated and Restated:  Did the trial court err by concluding that Williams’ slip and fall was solely due to Williams’ right foot injury? Did the trial court err by awarding future medical benefits when there was evidence that Williams was malingering? Did the trial court err by failing to provide a well-reasoned opinion in compliance with Rule 11?

A-13-0488, Sutton v. Sutton No case summary is available for this case at this time.