In finance, profit taking (or taking profits) is the practice of selling an asset, ...
Nebraska Court of Appeals Court Cases
Jessen v. Jessen (1997)
Terry Lynn Jessen appeals from an order of the district court finding him in contempt of a hypothecation order and ordering him to pay a fine of $25,000 by February 28, 1996, but also providing that Terry may purge himself of said fine by returning $235,911.04 to the marital estate before this same date. Because we find that this is a civil contempt proceeding, the order presented for our review is not a final, appealable order and we must dismiss the appeal for lack of jurisdiction.
Court: Nebraska Court of Appeals Docket: A-96-1997
JoEllen R., the natural mother of the juvenile, McCauley H., appeals the decision of the juvenile court for Dodge County adjudicating McCauley a juvenile as described in Neb. Rev.Stat. § 43-247(3)(a) (Reissue 1993). For the reasons recited below, we affirm.
Court: Nebraska Court of Appeals Docket: A-94-700
William H., the custodial parent of three minor children, was reported to be sexually abusing his two minor daughters. As a result of that report, the Douglas County Attorney (State) filed a juvenile petition in the separate juvenile court of Douglas County alleging that the children were within the meaning of Neb.Rev.Stat. § 43-247(3)(a) (Reissue 1998), because they lacked proper parental care by reason of William's faults or habits. The State also filed a motion asking that temporary custody [...]
Court: Nebraska Court of Appeals Docket: A-01-959
State v. Runge (1999)
Pursuant to Neb.Rev.Stat. & sect; 29-824 (Cum.Supp.1998), the State of Nebraska appeals an order of the district court for Lancaster County suppressing evidence seized without a warrant from Brian Runge's person by Lancaster County Deputy Sheriff Michael Scofield on July 29, 1998.
Court: Nebraska Court of Appeals Docket: A-99-667
Sherman v. Sherman (2010)
Scott Alan Sherman appeals the entry of a harassment protection order entered in favor of Susan J. Sherman. Because we find that the evidence was insufficient to support entry of the harassment protection order, we must reverse the court's entry of the order and remand the cause with directions to vacate the harassment protection order.
Court: Nebraska Court of Appeals Docket: A-09-647
Shawn C. Randall appeals from an order of the district court for Douglas County affirming the revocation of Randall's driver's license by the Nebraska Department of Motor Vehicles (DMV). We affirm.
Court: Nebraska Court of Appeals Docket: A-00-458
Dworak v. Fugit (1992)Ann Marie Dworak, appellee, commenced a filiation proceeding against Anthony Ray Fugit, appellant, pursuant to Neb.Rev.Stat. ch. 43, art. 14 (Reissue 1988). The district court entered judgment that Fugit is the father of David Anthony Dworak. The trial court further ordered Fugit to pay child support of $150 per month, day-care expenses of $96.75 per month, pregnancy-related medical bills of $1,178, and genetic testing expenses of $130. The trial court established a visitation schedule and [...]
Court: Nebraska Court of Appeals Docket: A-90-1254
Burlington Northern Railroad Company appeals to this court in this Federal Employers' Liability Act (FELA) case filed in state court by its employee, Pat J. Kusek, who claims that he injured his back while changing a cab seat in a locomotive. Kusek alleges in his petition that Burlington was negligent in failing to provide him with a reasonably safe place to work. After a jury trial, Kusek was awarded $155,000 in damages. Burlington alleges that the jury selection process was flawed because the [...]
Court: Nebraska Court of Appeals Docket: A-95-730
Drew Ex Rel. Reed v. Reed (2008)
Patrick William Reed (Patrick) appeals and Wendy Jo Drew (Wendy) cross-appeals from the decision of the district court for Seward County that awarded sole custody of the parties' minor children to Wendy but ordered Patrick to pay child support based on a joint custody calculation, ordered Patrick to pay $21,658 in retroactive child support, ordered Patrick to pay $13,916.31 toward Wendy's attorney fees, and ordered Patrick to pay $27,592 in expert witness fees.
Court: Nebraska Court of Appeals Docket: A-07-251
This action commenced with a petition of interpleader filed by the First National Bank of Omaha (FNB) asking the court to determine the ownership of approximately 20,396 shares of Acceptance Insurance Companies, Inc. (Acceptance), common stock which FNB was holding in escrow under agreements between Acceptance, Robert F. Swartzbaugh, and others. The litigated issues were between Acceptance and Swartzbaugh over the right to the shares and Swartzbaugh's claim for damages for Acceptance's alleged [...]
Court: Nebraska Court of Appeals Docket: A-02-207
Gartner v. Hume (2004)
In this proceeding to modify a paternity judgment, Jena R. Hume appeals from the district court's order denying permission to remove the child to Colorado and granting an increase in child support. Because we conclude that the trial court did not abuse its discretion except in determining the mandatory retirement deduction and in granting only a prospective increase in child support, we affirm as modified.
Court: Nebraska Court of Appeals Docket: A-03-620
In Re Marcus W. (2002)Angela W. appeals from an order of the separate juvenile court of Douglas County terminating her parental rights to Gabriella W., Asia W., and Marcus W. Although the case for each child was separately docketed, the cases have been consolidated for purposes of trial and this appeal. On appeal, Angela asserts that the juvenile court erred in failing to apply principles such as collateral estoppel to bar the action; in excluding testimony regarding the status of the parental rights of Greg W., who [...]
Court: Nebraska Court of Appeals Docket: A-01-1287, A-01-1295, A-01-1296
Henke v. Guerrero (2005)
Trudi R. Henke appeals the order of the Hall County District Court establishing the paternity of and granting support for her minor child, Leauna L. Henke. Robert P. Guerrero, the putative father, cross-appeals the order of support. The matter of child support is complicated by the fact that Trudi and Robert both have spouses and children from their marriages.
Court: Nebraska Court of Appeals Docket: A-04-532
Hammond v. Hammond (1995)
Tad D. Hammond appeals from an order of the Otoe County District Court finding him in contempt of court for failing to make property settlement payments as required by a divorce decree. Because the district court's finding of contempt is not a final, appealable order, this court lacks jurisdiction, and we dismiss this appeal.
Court: Nebraska Court of Appeals Docket: A-93-544
In Re Estate of Krichau (1992)
Deloris Krichau filed a claim against the estate of her father-in-law, Edward Krichau, to collect for the expenses she incurred while he lived with her during the last 6 years of his life. The county court tried the claim and disallowed it. The claimant appealed to the district court and lost. She now appeals to this court.
Court: Nebraska Court of Appeals Docket: A-90-1160
Pipe and Piling Supplies (U.S.A.), Ltd. (P & P), a foreign corporation, sued Betterman & Katelman (B & K), a Nebraska general partnership, to recover $50,000 of the more than $130,000 P & P paid to B & K for legal services rendered from September 3, 1991, to June 11, 1993, on the ground that the legal fees were "excessive and/or unnecessary for a law firm which had environmental law litigation experience." B & K had recovered the last $8,230 of those fees in a previous [...]
Court: Nebraska Court of Appeals Docket: A-97-1327
State v. Nearhood (1994)
Steven W. Nearhood appeals directly from the denial of his motion to dismiss the charges pending against him in Nebraska after he alleged he had not been tried within 180 days of his request for disposition pursuant to the interstate Agreement on Detainers (Agreement), Neb.Rev.Stat. § 29-759 (Reissue 1989). For the reasons recited below, we affirm.
Court: Nebraska Court of Appeals Docket: A-93-827
State v. Doan (1993)Chester N. Doan was convicted by a jury of sexual assault of a child, in violation of Neb.Rev.Stat. § 28-320.01 (Reissue 1989), and sentenced to 3 years' imprisonment. This appeal raises the following four issues: (1) the standard by which a trial court determines whether a witness qualifies as an expert, in this case a counselor of a sexually abused child; (2) the admissibility of expert testimony on behavior typically seen in child sexual abuse victims; (3) the extent to which a counselor [...]
Court: Nebraska Court of Appeals Docket: A-91-827
Moore v. Bauer (2003)
Debra S. Moore moved to modify a previous order of child support. The district court for Box Butte County, Nebraska, deviated from the Nebraska Child Support Guidelines and lowered Moore's support obligation based upon Moore's obligation to a child from a subsequent marriage as well as her former husband's obligation to support a child from a subsequent relationship. Moore appeals.
Court: Nebraska Court of Appeals Docket: A-01-840
Randy L. Bartunek brought a declaratory judgment action in the county court for Dodge County against Geo. A. Hormel & Company (Hormel). Bartunek sought a declaratory judgment that Hormel had no subrogation rights in a $45,000 judgment Bartunek recovered against Michael Gentrup in a negligence action in the district court for Cuming County. Hormel was not a party to the action against Gentrup. The county court for Dodge County sustained Bartunek's motion for summary judgment, and Hormel [...]
Court: Nebraska Court of Appeals Docket: A-93-436