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Child Support Enforcement - Sarpy County Nebraska

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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 />

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