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.

City of Beatrice v. Meints

Court of Appeals of Nebraska

June 4, 2019

City of Beatrice, Nebraska, appellee,
v.
Daniel A. Meints, Sr., appellant.

         1. Judgments: Appeal and Error. When dispositive issues on appeal present questions of law, an appellate court has an obligation to reach an independent conclusion irrespective of the decision made by the court below.

         2. Standing: Jurisdiction: Parties. Standing refers to whether a party had, at the commencement of the litigation, a personal stake in the outcome of the litigation that would warrant a court's or tribunal's exercising its jurisdiction and remedial powers on the party's behalf.

         3. Standing: Claims: Parties. To have standing, a litigant must assert the litigant's own rights and interests, and cannot rest a claim on the legal rights or interests of third parties.

         4. Sentences: Final Orders: Appeal and Error. A criminal sentence is not considered a final judgment until the entry of a final mandate from an appellate court, if an appeal has been taken.

          Appeal from the District Court for Gage County: Ricky A. Schreiner, Judge. Affirmed.

          Terry K. Barber, of Barber & Barber, P.C., L.L.O., for appellant.

          Abigail M. Stark, Beatrice City Attorney, for appellee.

          Pirtle, Arterburn, and Welch, Judges.

          WELCH, JUDGE.

         INTRODUCTION

         Daniel A. Meints, Sr., appeals an order of the Gage County District Court relating to 21 writs of execution issued by the [27 Neb.App. 326] district court involving a parcel of real property he owns. Meints claims that the judgments on which the City of Beatrice. Nebraska, requested execution were dormant, that he was entitled to exemptions from execution, and that Lynette Reinke should have been allowed to intervene in the proceedings. For the reasons stated below, we affirm.

         STATEMENT OF FACTS

         On 25 separate dates in May and June 2011, police officers cited Meints for parking several junked or unlicensed motor vehicles on his property in violation of Beatrice Mun. Code, ch. 16, art. XVII, § 16-623 (2002). Meints was charged with 12 counts in each of 25 cases brought against him and was convicted on all 300 counts in a consolidated trial. In April 2012, the Gage County Court entered judgments against Meints in each case; each of the 25 judgments included court costs and 12 fines equal to $1, 299 per judgment, or a total of $32, 475.

         Meints appealed to the Gage County District Court, which, in each case, affirmed 10 of the 12 convictions and sentences and reversed 2 of the convictions. Meints then appealed to the Nebraska Court of Appeals, which affirmed the judgment of the district court. See City of Beatrice v. Meints, 21 Neb.App. 805, 844 N.W.2d 85 (2014). On petition for further review, the Nebraska Supreme Court affirmed the decision of the Court of Appeals. See City of Beatrice v. Meints, 289 Neb. 558, 856 N.W.2d 410 (2014). In March 2015, the county court issued orders of judgment on 10 of the 12 fines in each of the 25 cases in accordance with the mandate from the district court.

         In December 2017, the City of Beatrice filed 21 praecipes requesting that the clerk of the district court issue execution on 21 of the 25 judgments against Meints. Each praecipe requested that the sheriff levy on the same parcel of real property owned by Meints located on South 9th Street in ...


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.