On the bench with
Thompson v. Thompson
Nebraska Court of Appeals · 2010-07-06 · cited 3×
The case involves post-decree proceedings in the divorce of Susan Kaye Thompson and Gary Dean Thompson, specifically regarding the division of Susan's 401(k) account. After the Court of Appeals previously modified the trial court's equal division to 67 percent for Susan and 33 percent for Gary, the court considered a motion to vacate a QDRO that the trial court had entered during the appeal to implement the original decree. The court determined that the trial court retained jurisdiction to issue the QDRO because the divorce decree was not superseded by bond and no stay order had been entered under Neb. Rev. Stat. § 42-351(2). It concluded that the trial court must vacate the existing QDRO upon issuance of the mandate to enter a new one consistent with the appellate ruling on the account division.
family lawprocedure
In Re Socha
Nebraska Court of Appeals · 2010-06-29
This case involved a dispute among siblings over the administration of their parents' revocable living trust after both parents had passed away. Beneficiary Robert Socha petitioned the county court to remove his siblings, Larry Socha and Bonita Carraher, as successor cotrustees, alleging they had failed to provide requested information and accountings, delayed closing the trust and distributing assets, and expressed intent to keep the trust open indefinitely. Following an evidentiary hearing, the county court removed the cotrustees and appointed a replacement to wind up the trust. On appeal, the Nebraska Court of Appeals affirmed, finding competent evidence supported the lower court's conclusions that the cotrustees had not acted in the trust's best interests and had engaged in conduct warranting removal under the Nebraska Uniform Trust Code, regardless of whether the review standard was de novo or for errors on the record.
propertyfamily law
State v. Tamayo
Nebraska Court of Appeals · 2010-06-01
The case concerned whether the six-month speedy trial period under Neb.Rev.Stat. § 29-1207 had expired in a first-degree murder prosecution, specifically whether the district court properly excluded 195 days for competency-related activities when it denied the defendant's motion for discharge. The Nebraska Court of Appeals, on rehearing, reversed the district court's order, holding that the period from April 8 to October 20, 2008, could not be excluded as time attributable to a proceeding concerning the defendant's competency to stand trial. The court reasoned that the record did not establish a formal competency proceeding under § 29-1823 that tolled the clock for the entire interval, and therefore the speedy trial deadline had passed before the motion to discharge was filed.
criminal lawprocedure
Thompson v. Thompson
Nebraska Court of Appeals · 2010-05-11 · cited 7×
This case is a marital dissolution action between Susan and Gary Thompson involving disputes over property division, retirement benefits, health insurance obligations, child support, alimony, attorney fees, and a parenting plan for their then-minor daughter. The Nebraska Court of Appeals affirmed most of the district court's decree but modified it to award Gary sole ownership of Icon Mountain, 33 percent of Susan's 401(k) as of the decree date plus gains or losses, and to vacate the order requiring Susan to pay for Gary's health insurance while directing reimbursement if she had already paid. The court reasoned that these changes were required for equitable division of marital assets and to correct the district court's errors on benefits and support, while finding no abuse of discretion in the award of attorney fees or other remaining provisions, and deeming parenting issues moot due to the child's age.
family lawpropertyprocedure
Hall v. Hall
Nebraska Court of Appeals · 2010-05-11
In Hall v. Hall, the case involved a former wife's attempt to enforce a 2005 divorce decree requiring both parties to prepare qualified domestic relations orders (QDROs) to divide their retirement accounts equally. The district court ordered the former husband to submit a proposed QDRO within 30 days, and he appealed. The Nebraska Court of Appeals dismissed the appeal, holding that it lacked jurisdiction because the order was not final. The court reasoned that the order did not affect a substantial right, as it merely required the submission of a proposed QDRO rather than actually dividing the pension funds, distinguishing it from the entry of a QDRO itself.
family lawprocedure
In Re Interest of Emma J.
Nebraska Court of Appeals · 2010-05-11 · cited 3×
This case involved the State of Nebraska seeking to adjudicate 15-year-old Emma J. as a child within the meaning of Neb. Rev. Stat. § 43-247(3)(a) due to allegations of inappropriate physical discipline by her father, Geneo J., and related family issues, with the matter also implicating the Indian Child Welfare Act (ICWA) because Emma was an Indian child. The juvenile court adjudicated Emma and ordered her continued placement outside the home with foster care. On appeal, the Nebraska Court of Appeals affirmed the adjudication, holding that the State had proven the allegations by a preponderance of the evidence through testimony about the May 2009 incident and prior family history. However, the court reversed the out-of-home placement order, reasoning that the record contained no evidence of the active efforts to prevent family breakup or the expert testimony required under ICWA for such placements, and remanded for further proceedings compliant with ICWA.
family lawfederal powerprocedure