Mark S. Krejci, appellant,
Christina Krejci, appellee.
Appeal and Error. As a threshold matter, an
appellate court must determine what assignments of error were
properly raised and argued on appeal.
The cross-appeal section of an appellate brief must set forth
a separate title page, a table of contents, a statement of
the case, assigned errors, propositions of law, and a
statement of the facts, and when a brief of an appellee fails
to present a proper cross-appeal, an appellate court declines
to consider its merits.
Contempt: Appeal and Error. In a civil
contempt proceeding where a party seeks remedial relief for
an alleged violation of a court order, an appellate court
employs a three-part standard of review in which (1) the
trial court's resolution of issues of law is reviewed de
novo, (2) the trial court's factual findings are reviewed
for clear error, and (3) the trial court's determinations
of whether a party is in contempt and of the sanction to be
imposed is reviewed for abuse of discretion.
Judges: Words and Phrases. A judicial abuse
of discretion exists when a judge, within the effective
limits of authorized judicial power, elects to act or refrain
from acting, but the selected option results in a decision
which is untenable and unfairly deprives a litigant of a
substantial right or a just result in matters submitted for
disposition through a judicial system.
Contempt. Civil contempt proceedings are
instituted to preserve and enforce the rights of private
parties to a suit when a party fails to comply with a court
order made for the benefit of the opposing party.
Contempt: Words and Phrases. Willful
disobedience is an essential element of contempt;
"willful" means the violation was committed
intentionally, with knowledge that the act violated the court
Neb. 303] 7. Contempt: Presumptions:
Proof. Outside of statutory procedures imposing a
different standard or an evidentiary presumption, all
elements of contempt must be proved by the complainant by
clear and convincing evidence.
Visitation: Statutes. In Nebraska,
grandparent visitation is controlled by statute.
Due Process: Notice. It is fundamental to
due process that a person has reasonable notice and an
opportunity to be heard appropriate to the nature of the
proceeding and the character of the rights which might be
affected by it.
from the District Court for Douglas County: J. Michael
T. Peebles, of Brodkey, Cuddigan, Peebles, Belmont &
Line, L.L.P, for appellant.
S. Grossman for appellee.
Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, Papik,
and Freudenberg, JJ.