Stanosheck v. Jeanette

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Stanosheck v. Jeanette

Case Number
Call Date
April 25, 2016
Court Number
Case Summary

S-15-0490 Elizabeth E. Stanosheck v. Joseph P. Jeanette (Appellant)

Cass County, Judge Jeffrey Funke

Attorneys: Amie C. Martinez (Anderson Creager & Wittstruck PC LLO) and Megan M. Schutt (Senior Certified Law Clerk) for Appellee --- Steven M. Delaney, A. Bree Robbins (Reagan Melton & Delaney LLP) for Appellant

Civil: Dissolution

Proceedings below: After a trial the court entered a decree of dissolution which dissolved the marriage and divided the property of the parties. Appellant filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.

Issues: I. The District Court erred and abused its discretion when it valued the marital estate at the time of the trial rather than the date of separation of the parties, which valuation date unfairly deprived Appellant of a just result. II. The District Court erred and abused its discretion in its classification, valuing, and dividing of Defendant's TSP account resulting in an untenable and unjust result. III. The District Court erred by including in the marital estate and then awarding to the Plaintiff the growth of the non-marital portions of Defendant's TSP account. Such award was untenable and unjust and prejudiced Defendant. IV. The District Court erred by relying on an unpublished opinion. V. The District Court erred by dividing the remaining sums from the sale of the marital home ($12,000) between the parties. VI. The District Court erred by not including Defendant's awards from Plaintiffs retirement accounts in the Order.