Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
In equity cases trial judges should include at the end of any final order a phrase<br />
to the effect that “any request for relief by any party not specifically granted by this<br />
order is denied.”<br />
We suggest that trial courts discontinue the practice of stating findings and then<br />
ending the journal with the phrase “It is so ordered.” This phrase adds nothing to the<br />
journal, because a finding by a court does not clearly mean the court intends to<br />
award the relief someone might conclude is necessary.<br />
Perkins v. Perkins, 198 Neb. 401, 253 N.W.2d 42 (1977)<br />
A court may make changes in a divorce decree after term of court to cover children<br />
conceived during marriage but born after the divorce.<br />
State v. Barranco, 278 Neb. 165, 769 N.W.2d 343 (2009)<br />
Yeah, you learned this in high school. But some trial judges seem to forget it. Now you can<br />
specifically cite this dicta back to them. Maybe it will help.<br />
Vertical stare decisis compels lower courts to follow strictly the decisions rendered<br />
by higher courts within the same judicial system.<br />
A judge who disagrees with a statute or a decision of a higher court may express<br />
that disagreement, but must do so in a way that is consistent with his or her<br />
obligation to do what the law requires.<br />
it is the function of the Legislature through the enactment of statutes to declare what<br />
is the law and public policy of this state.<br />
State v. Cummings, 2 Neb. App. 820, 515 N.W.2d 680 (1994)<br />
Default. Plaintiffs are entitled to a default judgment without offering evidence in<br />
support of the allegations of their petition, except allegations of value and amount of<br />
damage. Weir v. Woodruff, 107 Neb. 585, 186 N.W. 988 (1922)<br />
Minimum Contacts. An act of sexual intercourse resulting in conception in<br />
<strong>Nebraska</strong> shows sufficient minimum contacts with the forum state for jurisdiction to<br />
attach.<br />
State v. Hausmann, 277 Neb. 819, 765 N.W.2d 219 (2009)<br />
Our <strong>Nebraska</strong> Supreme Court admits it has been talking out of two sides of its mouth!<br />
Judicial efficiency is served when any court, including an intermediate appellate<br />
court, is given the opportunity to reconsider its own rulings, either to supplement its<br />
reasoning or correct its own mistakes.<br />
The district court has the inherent power to vacate or modify its judgments or<br />
orders, either during the term at which they were made, or upon a motion filed within<br />
6 months of the entry of the judgment or order. (prior decisions overruled by this<br />
opinion)<br />
An intermediate appellate court may also timely modify its opinion. An appellate<br />
court has the inherent power to reconsider an order or ruling until divested of<br />
jurisdiction<br />
In the absence of an applicable rule to the contrary, a motion asking the court to<br />
exercise that inherent power does not toll the time for taking an appeal. A party can<br />
move the court to vacate or modify a final order—but if the court does not grant the<br />
motion, a notice of appeal must be filed within 30 days of the entry of the earlier final<br />
order if the party intends to appeal it. And if an appeal is perfected before the<br />
motion is ruled upon, the district court loses jurisdiction to act.<br />
- 27 -