Friday, November 03, 2006

Nebraska Supreme court clarifies when an appellant may seek review of a dissolution action when she accepts some of the judgment; Supreme court overrules earlier cases that limited exceptions to the "acceptance of benefits" rule to child custody and support situationsLiming v. Liming, 272 Neb. 534 November 3, 2006. No. S-06-015. Parties disputed the value of their home and the court also awarded the wife alimony, which the husband paid in a lump sum. While the appeal was pending the wife took the money. The Court of appeals summarily affirmed the trial court based on Shires 240 Neb. 856and Giese 243 Neb. 60, which held that only child support and visitation issues are exceptions to the appellate rule prohibiting appeals of judgments where the appellant accepted the benefit of the ruling. Still the Supreme court affirms the trial court's property division. The husband's lottery winnings were in 1997 and the parties didnt file for divorce until 2004. "To the extent that Shiers v. Shiers, 240 Neb. 856, 485 N.W.2d 574 (1992), and Giese v. Giese, 243 Neb. 60, 497 N.W.2d 369 (1993), limit the exceptions to the acceptance of benefits rule in a dissolution of marriage action to issues affecting the interests and welfare of children, they are disapproved"

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