Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Lisec v. Lisec

Court of Appeals of Nebraska

March 7, 2017

Lynne D. Lisec, appellant,
v.
James A. Lisec, appellee.

         1. Motions to Vacate: Time: Appeal and Error.

         The decision to vacate an order any time during the term in which the judgment is rendered is within the discretion of the court; such a decision will be reversed only if it is shown that the district court abused its discretion.

         2. Judgments: Words and Phrases.

         An abuse of discretion occurs when the trial court's decision is based upon reasons that are untenable or unreasonable or if its action is clearly against justice or conscience, reason, and evidence.

         3. Divorce: Appeal and Error.

         In actions for dissolution of marriage, an appellate court reviews the case de novo on the record to determine whether there has been an abuse of discretion by the trial judge.

         4. Judges: Words and Phrases.

         A judicial abuse of discretion exists when the reasons or rulings of a trial judge are clearly untenable, unfairly depriving a litigant of a substantial right and denying just results in matters submitted for disposition.

         5. Courts: Jurisdiction.

         In civil cases, a court of general jurisdiction has inherent power to vacate or modify its own judgment at any time during the term in which the court issued it.

         6. Courts: Jurisdiction: Motions to Vacate: Dismissal and Nonsuit.

         A court normally has jurisdiction over a motion to vacate an order of dismissal and reinstate a case.

         7. Divorce: Child Custody: Child Support: Property Division: Alimony: Attorney Fees: Appeal and Error.

         In actions for dissolution of marriage, an appellate court reviews the trial court's determinations regarding custody, child support, division of property, alimony, and attorney fees de novo on the record to determine whether there has been an abuse of discretion.

         8. Divorce: Property Division.

         Under Neb. Rev. Stat. § 42-365 (Reissue 2016), the equitable division of property is a three-step process. The [24 Neb.App. 573] first step is to classify the parties' property as marital or nonmarital. The second step is to value the marital assets and liabilities of the parties. The third step is to calculate and divide the net marital estate between the parties in accordance with the principles contained in § 42-365.

         9. Divorce: Attorney Fees: Appeal and Error.

         In an action for dissolution of marriage, the award of attorney fees is discretionary with the trial court, is reviewed de novo on the record, and will be affirmed in the absence of an abuse of discretion.

         10. Attorney Fees.

         The award of attorney fees depends on multiple factors that include the nature of the case, the services performed and results obtained, the earning capacity of the parties, the length of time required for preparation and presentation of the case, customary charges of the bar, and the general equities of the case.

         Appeal from the District Court for Lancaster County: Jodi Nelson, Judge. Affirmed.

          Tad D. Eickman for appellant.

          Adam R. Little, of Ballew, Covalt & Hazen, PC, L.L.O., for appellee.

          Inbody and Pirtle, Judges, and McCormack, Retired Justice.

          PIRTLE, JUDGE.

         INTRODUCTION

         Lynne D. Lisec appeals from a decree entered by the district court for Lancaster County dissolving her marriage to James A. Lisec. Lynne takes issue with the court's reinstating the case after it had been dismissed, as well as the court's classification and distribution of various assets, its award of attorney fees to James, and its ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.