Nebraska Guardian Law

Heartland Trust Company et al. v. Steven E. Clason

Beaver City, Nebraska trust and Estate Lawyers represented the parties involved in a guardianship dispute. On January 10, 2023, Hildreth filed a "Petition for Appointment of Temporary and Permanent Guardian and Conservator" for Brown. Hildreth alleged the following. Brown was 80 years old. He had been a farmer in Furnas County over the course of his adult life and currently owned app... More...

$0 (11-05-2024 - NE)

Rachel Ritke and Dori Houx v. Craig Schuessler, Jim Bush and Jennifer Burgess

Omaha, Nebraska civil rights lawyers represented Plaintiffs, who sued Defendants federal and state law constitutional law violation theories. Rachel Ritke and her mother, Dori Houx, allege several different claims, based in both federal and state law, arising from the execution of a search warrant at their family residence and subsequent placement of Ritke, then a minor, in temporar... More...

$0 (06-28-2022 - NE)

IN RE INTEREST OF ROME R., A CHILD UNDER 18 YEARS OF AGE. STATE OF NEBRASKA V. LEROY R.

<center><h2><fontcolor="red> Lincoln, NE Juvenile Law lawyer represented appellant with appealing the order continuing temporary custody of his minor child . </h2></center></center> Sara G. is the biological mother of Rome R., born on July 22, 2021. Upon Sara's admission to the hospital to give birth to Rome on July 22, she initially tested po... More...

$0 (06-07-2022 - NE)

STEFFEN P. HERRERA V. VICTORIA G. HERRERA

<center><h3><h3> Lincoln, NE - Divorce lawyer represented appellant with moving to modify the marriage dissolution decree. </h3></center> Steffen and Victoria were married in 2004. Four children were born during their marriage: Osiris, born in 2006; Karma, born in 2007; Sylvia, born in 2009; and Viviana, born in 2012. Vic... More...

$0 (04-07-2022 - NE)

State of Nebraska v. Paula Boyd

Omaha, NE - Criminal Defense Attorney, abuse of a vulnerable adult An appellate court will sustain a conviction in a bench trial of a criminal case if the properly admitted evidence, viewed and construed most favorably to the State, is sufficient to support that conviction. In making this determination, an appellate court does not resolve conflicts in the evidence, pass on ... More...

$0 (09-28-2020 - NE)

STATE OF NEBRASKA V. PHILANA M. RED FEATHER, ALSO KNOWN AS MISTY BRINGS PLENTY, ALSO KNOWN AS PHILANA ALFORD

<center><h1><ahref="http://www.callmorelaw.com" target="_new">MoreLaw Virtual Receptionists</a>Our Team Will Answer Your Phone When You Cannot</h1></center> <center> <img width="300" src="https://dcs-inmatesearch.ne.gov/Corrections/photo?DcsId=96083"> <h2> <h... More...

$0 (06-21-2019 - NE)

STATE OF NEBRASKA V. CARLOS T. ARELLANO

<center> <img width="300" src="https://sor.nebraska.gov/Image/26834"> <h2> <h2> Attempted first degree sexual assault </h2> </center> Arellano was originally charged in the district court for Sarpy County with first degree sexual assault, a Class II felony, and two counts of domestic assault, both Class I misdemeanors. He then filed a motion to evaluat... More...

$0 (02-27-2019 - NE)

State of Nebraska v. Antonio Leon-Simaj, also known as Antonio Leon-Batz <table> <td>

Antonio Leon-Simaj, also known as Antonio Leon-Batz, was charged with one count of first degree sexual assault and two counts of possession of child pornography stemming from his relationship with E.Z. E.Z. was 14 years old at the time of trial and 13 years old at the time of the events in question. .Z.’s Testimony There are no pretrial motions in the record. Trial began with the te... More...

$0 (06-28-2018 - NE)

In re Interest of Enyce J. & Eternity M.

The Douglas County Sheriff arrested Erica in August 2013 regarding a homicide. Erica had one child, Enyce J., at the time of her arrest. In September 2013, the State petitioned to adjudicate Enyce under Neb. Rev. Stat. § 43-247(3)(a) (Reissue 2008). Erica gave birth to a daughter, Eternity, in April 2014. A Department employee spoke with Erica, who was under police restraint, at the hospital wit... More...

$0 (10-19-2015 - NE)

In re Interest of Joseph S. et al.

Kerri is the biological mother of the minor children: Joseph S., William S., and Steven S. The family first came to the attention of the Nebraska Department of Health and Human Services (DHHS) on March 16, 2009. In that case, DHHS became involved with the family due to concerns about Kerri’s drug use and improper supervision of the children. The children remained out of Kerri’s care for exactl... More...

$0 (10-09-2015 - NE)

Rent-A-Roofer v. Farm Bureau Prop. & Cas. Ins. Co.

At all relevant times, Rent-A-Roofer held a commercial general liability insurance policy with Farm Bureau. In September 2007, the State of Nebraska filed a lawsuit in the district court for Lancaster County for damages arising from Rent-A-Roofer’s alleged failure to install a roof in a good and workmanlike manner. The date of the State’s loss was during the policy year of 2004 to 2005. Rent-A... More...

$0 (09-12-2015 - NE)

Richard L. Molczyk v. Kerrie K. Molczyk

In this marital dissolution appeal, we cut through a jurisdictional jungle to determine whether the Douglas County District Court, the Lancaster County District Court, or the Douglas County Juvenile Court had jurisdiction over the action. After the Douglas County District Court dismissed the original dissolution action for lack of prosecution, the appellant, Richard L. Molczyk, Jr., moved to reins... More...

$0 (01-25-2013 - NE)

Nancy Mader v. United States

In this appeal concerning the Federal Tort Claims Act, we determine whether a purported personal representative may invoke the adjudicatory capacity, that is, the subject-matter jurisdiction of a United States District Court on behalf of statutory beneficiaries if, under 28 U.S.C. Â§ 2675(a), the representative fails or refuses to first present to the appropriate federal agency evidence of her a... More...

$0 (09-07-2011 - NE)

Angela Wegener v. Dean Johnson

Angela Wegener (Wegener), guardian and next friend of her son Noah Wegener (Noah), appeals from the judgment in a medical malpractice case against Dr. Dean E. Johnson. Wegener argues that the district court1 erred by excluding supplemental testimony from one of Wegener's experts and by directing the jury to reread existing instructions instead of giving a supplemental instruction. We affirm. ... More...

$0 (06-09-2008 - NE)

<a href="http://www.ca8.uscourts.gov/opndir/05/05/041325P.pdf" target="_new">Pamela Gilmore v. Cty. of Douglas</a>

Pamela Gilmore brought an action against the County of Douglas under 42 U.S.C. § 1983 alleging that the Douglas County Corrections Center (the DCCC) violated her Fourteenth Amendment equal protection rights by assessing her charges for collect telephone calls made to her from inmates in the facility. The district court1concluded that Gilmore failed to state a cause of action and dismisse... More...

$0 (05-03-2005 - NE)

W. RANDALL MAINOR, INDIVIDUALLY; RICHARD A. HARRIS, INDIVIDUALLY; MAINOR & HARRIS, LAWYERS, A PARTNERSHIP OF PROFESSIONAL CORPORATIONS; W. RANDALL MAINOR, A PROFESSIONAL CORPORATION; AND RICHARD A. HARRIS, A PROFESSIONAL CORPORATION, vs. PHILIP M. NAULT AND WENDY R. NAULT, CO-GUARDIANS OF THE PERSON AND ESTATE OF JASON NAULT, AN ADULT WARD

Appellants and cross-respondents W. Randall Mainor and Richard A. Harris, individually, as professional corporations and as a partnership, appeal from the district court's entry of final judgment pursuant to a jury verdict against Mainor and Harris. Respondents and cross-appellants Philip Nault and Wendy Nault, as co-guardians of the person and estate of Jason Nault, cross-appeal from a distr... More...

$0 (11-24-2004 - NE)

<a href="http://court.nol.org/opinions/2004/october/oct29/s03-1404.pdf" target="_new">IN RE ESTATE OF JEFFREY B.</a>

This case involves the guardianship of V.B. and S.B., whose parents died in separate drug-related incidents. In his will, Jeffrey B. (Jeff), the father, appointed George H. Shaner and Catherine Shaner as testamentary guardians, and after Jeff's death, the Shaners accepted that appointment. James Riggins and Teresa Riggins, the children's successor guardians under Jeff's will, filed a moti... More...

$0 (11-03-2004 - NE)

<a href="http://court.nol.org/opinions/2004/august/aug24/a03-1088.htm" target="_new">Nick E. Howard v. Laura C. Howard, now known as Laura C. Lorimer</a>.

Nick E. Howard appeals from an order of the Hayes County District Court denying his application to modify the parties' decree of dissolution and award him custody of the parties' minor daughter, Casee. Finding that Nick failed to demonstrate that a material change in circumstances occurred justifying a modification of custody, we affirm. <center>STATEMENT OF FACTS</center> Nick and La... More...

$0 (08-24-2004 - NE)

<a href="http://court.nol.org/opinions/2004/may/may21/s02-1370.htm " target="_new">State of Nebraska on behalf of Taylar Chae Pathammavong, a minor child v. Seangsouriyan Pathammavong, and Mandy J. Struebing</a>

The appellant, Mandy Struebing (Mandy), and the appellee, Seangsouriyan Pathammavong (Sean), are the natural parents of Taylar Chae Pathammavong (Taylar), a minor child, who was born out of wedlock. Mandy appeals from an order of the district court for Saline County awarding permanent custody of Taylar to Sean. <center>I. BACKGROUND</center> Mandy gave birth to Taylar on August 25, 1... More...

$0 (05-24-2004 - NE)

<a href="http://court.nol.org/opinions/2004/may/may18/a03-766.htm" target="_new">In re Interest of Wesley S., a child under 18 years of age, State of Nebraska v. Sandra S. and Lyle E.</a>

Sandra S. appeals from the order of the county court for Dodge County, Nebraska, sitting as a juvenile court, denying her motion to dismiss this case for lack of jurisdiction, and finding that it had continuing jurisdiction over this case following its adjudication of her son, Wesley S., as a juvenile under Neb. Rev. Stat. § 43-247(3)(b) (Cum. Supp. 2002). For the reasons set forth herein, we ... More...

$0 (05-18-2004 - NE)

<a href="http://court.nol.org/opinions/2004/march/mar30/a03-615.htm" target="_new">In re Interest of Antone C. et al., children under 18 years of age, State of Nebraska v. Mary M. Moran and Douglas County</a>.

Mary M. Moran, an attorney appointed as guardian ad litem for the minor children in these proceedings, appeals from the juvenile court's order entitled "Nunc Pro Tunc and Notice" which modified its initial order approving Moran's fees. We conclude that the order did not constitute an order nunc pro tunc and that the juvenile court did not have authority to modify its prior order within term. We th... More...

$4931 (03-30-2004 - NE)

<a href="http://court.nol.org/opinions/2004/march/mar9/a03-094.htm" target="_new">In re Guardianship of Donald H. Lienemann, an incapacitated person, Robert W. Lienemann v. Richard A. DeWitt, successor guardian and successor conservator</a>.

Robert W. Lienemann, the former temporary guardian and conservator and former conservator for Donald H. Lienemann, appeals from an order of the county court for Sarpy County denying Robert's application for fees. Because we find that Robert was entitled to a reasonable fee for his work as temporary guardian and conservator and as conservator, we reverse, and remand with directions. <center>... More...

$0 (03-09-2004 - NE)

<a href="http://court.nol.org/opinions/2004/february/feb24/a03-529.htm" target="_new">In re Interest of Adrian C. et al., children under 18 years of age, State of Nebraska v. Robin C.</a>

Robin C. appeals from the decision of the county court for Scotts Bluff County, Nebraska, sitting as a juvenile court, which terminated her parental rights to her three children under the Nebraska Indian Child Welfare Act. For the reasons set forth herein, we affirm. <center>STATEMENT OF FACTS</center> Robin C. and Terrence V. had three children together: Brendon C., born February 1, ... More...

$0 (02-24-2004 - NE)

<a href="http://court.nol.org/opinions/2004/january/jan23/s02-1412.htm" target="_new">Brian Heistand v. Lori Heistand</a>.

Lori Heistand appeals from an order of modification entered by the district court for Douglas County in which physical custody of the parties' minor child was transferred from Lori to Brian Heistand. We conclude, based upon our de novo review, that the district court abused its discretion in so holding. <center>BACKGROUND</center> On January 17, 1991, the marriage of Lori and Brian w... More...

$0 (01-23-2004 - NE)

<a href="http://court.nol.org/opinions/2004/january/jan16/s02-1229.htm" target="_new">In re Interest of Mainor T. & Estela T</a>.

On September 17, 2002, the Hall County Court, sitting as a juvenile court, entered an order terminating the parental rights of Mercedes S. to her minor children, Mainor T. and Estela T., pursuant to Neb. Rev. Stat. § 43-292(1) and (7) (Reissue 1998). The father of the children left the family shortly after Estela was born and is not a party to this action. Mercedes appeals the termination of her ... More...

$0 (01-16-2004 - NE)

<a href="http://court.nol.org/opinions/2004/january/jan6/a03-115.htm" target"_new">In re Interest of Austin B</a>.

In an adjudication proceeding, Austin B. was found to be a child under Neb. Rev. Stat. § 43-247(3)(b) (Cum. Supp. 2002), as a result of incidents that occurred at his elementary school. Kim P., Austin's mother, asserts that the county court for Holt County erred when it failed to place Austin in her custody and instead placed him in the custody of the Nebraska Department of Health and Human Servi... More...

$0 (01-06-2004 - NE)

<a href="http://court.nol.org/opinions/2002/july/july12/s01-436.htm" target="_new">Pinkard v. Confederation Life Insurance Company</a>

This is a declaratory judgment action involving two parties each claiming to be the beneficiary of an annuity contract. The Douglas County District Court found that the annuity benefits were payable to William Bolton's estate, and Glenda L. Pinkard, formerly known as Glenda L. Bolton (Pinkard), appeals. SCOPE OF REVIEW [1] In reviewing a summary judgment, an appellate court views ... More...

$0 (07-12-2002 - NE)