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Krejci v. Krejci

Supreme Court of Nebraska

October 18, 2019

Mark S. Krejci, appellant,
v.
Christina Krejci, appellee.

         1. Appeal and Error. As a threshold matter, an appellate court must determine what assignments of error were properly raised and argued on appeal.

         2.__. 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.

         3. 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.

         4. 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.

         5. 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.

         6. 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 order.

         [304 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.

         8. Visitation: Statutes. In Nebraska, grandparent visitation is controlled by statute.

         9. 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.

          Appeal from the District Court for Douglas County: J. Michael Coffey, Judge.

          Edith T. Peebles, of Brodkey, Cuddigan, Peebles, Belmont & Line, L.L.P, for appellant.

          Barry S. Grossman for appellee.

          Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, Papik, and Freudenberg, JJ.

          MILLER-LERMAN, J.

         NATURE ...


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