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Court of Appeals Courtroom, State Capitol Building, Lincoln, Nebraska

Rice v. Poppe

S-15-0528 Brenda R Rice (Appellant) v. Terrance A. Poppe, an individual, and Morrow, Poppe, Watermeier & Lonowski, P.C., a limited liability corporation

Court: Lancaster County District Court, Hon. Daniel E. Bryan              

Attorneys:  Appellant – Randall L. Goyette and Colin A. Mues (Baylor, Evnen, Curtiss, Grimit & Witt, LLP); Appellee – James R. Welsh and Christopher Welsh (Welch & Welch, P.C. L.L.O.)

Civil: Legal Malpractice claim

First Nebraska Educators Credit Union v. U.S. Bancorp and U.S. Bank

S-15-0617 First Nebraska Educators Credit Union (Appellant) v. U.S. Bancorp and U.S. Bank National Association N.D.

Sarpy County, Judge David K. Arterburn

Attorneys: Justin A. Roberts, Lustgarten & Roberts, for appellant. Patrick R. Turner, Stinson Leonard Street, for appellee.

Civil: Wrongful Foreclosure

Proceedings Below: Court sustained U.S. Bank’s motion to dismiss.

Issue: 1. The Trial Court erred in granting US Bank's Motion to Dismiss, because the Credit

Everts v. Health and Human Services

S-15-635, Carol Everts [appellant] v. Nebraska Department of Health and Human Services, Jodi M, Fenner, Director of the Division of Developmental Disabilities, and Kerry T. Winterer, Chief Executive Officer of the Nebraska Department of Health and Human Services

Lancaster County, Honorable Stephanie Stacy

Attorneys: Shawn J. Farritor (Legal Aid of Nebraska) for appellant; Danielle Jones (Attorney General’s Office) for appellee

Lorenzen v. Lorenzen

S-15-0514 Jennifer Lorenzen v. David M. Lorenzen (Appellant)

Saunders County, Judge Mary C. Gilbride

Attorneys: John H. Sohl, for appellant. Mark J. Krieger and Terri M. Weeks, for appellee.

Civil: Divorce

Proceedings Below: Court entered a decree dissolving the parties’ marriage.

Issue: The trial court erred in finding that David’s retirement/health funds, to which David contributed the same percentage he would have contributed to Social Security and Medicare, should be divided equally.

State v. Shannon

S-15-582, State v. Scott A. Shannon

Lancaster County, Hon. John A. Colburn

Attorneys: Nancy Peterson (Appellant) --- Nathan Liss (Attorney General’s Office)

Civil: postconviction

Proceedings Below: Shannon’s motion for postconviction relief was denied as untimely. He appeals.

Issue on Appeal: Whether the district court erred in denying Shannon’s postconviction motion as untimely.

Hill v. Tevogt

S-15-311, Jody A. Hill and Dean O. Thorsen v. Mark Tevogt (Appellant)

Douglas County, Hon. J. Michael Coffey

Attorneys: James D. Sherrets, Jared C. Olson (Sherrets Bruno & Vogt LLC) — Brian J. Muench

Civil: Breach of Contract

Proceedings Below: Hill/Thorsen filed suit to enforce a promissory note executed by Tevogt in consideration for the purchase of shares of a business owned by Hill/Thorsen. The district court granted summary judgment in favor of Hill/Thorsen.

State v. Woldt (PFR)

S-14-0573 State v. Adam T. Woldt (Appellant)

Cuming County District Court, Judge James G. Kube

Attorneys: Thomas B. Donner (Appellant) --- Austin N. Relph (Attorney General’s Office

Criminal: DUI; motion to suppress

State v. Duncan

S-15-0668 State v. Gregory Duncan (Appellant)

Douglas County, Judge Leigh Ann Retelsdorf

Attorneys: Nathan A. Liss (Attorney General’s Office) --- Cindy A. Tate (Public Defender’s Office) (Appellant)

Criminal: 3rd degree assault, discrimination based

Proceedings below: Appellant was convicted following a jury trial and sentenced to 12 to 18 months.

State v. Carpenter

S-15-0697 State v. Trey T. Carpenter (Appellant)

Buffalo County District Court, Judge John P. Icenogle

Attorneys: George R. Love (Attorney General’s Office) --- Thomas S. Stewart (Public Defender’s Office)(Appellant)

Criminal: Possession of methamphetamine with intent to distribute between 28 and 140 grams

Proceedings below: Following a jury trial, Appellant was convicted and sentenced to a mandatory minimum of 5 years to 15 years.

Drake-Williams Steel, Inc. v. Continental Casualty Company

S-15-0445 Drake-Williams Steel, Inc. [Appellant] v. Continental Casualty Co. [Appellee]

S-15-446 Employers Mutual Casualty Co. [Appellant] v. Drake-Williams Steel, Inc. [Appellee] (Consolidated Appeals)

Douglas County, Honorable Joseph S. Troia