nonexhaustive list factors (Nebraska) · Go Syfert
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nonexhaustive list factors in Nebraska

7 Nebraska opinions name it 2 courts 2001–2026 4 in the last five years

The cases below were cited by Nebraska courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Herrera v. Fleming Companies, Inc.green
neb · 2003 · cited in 1 Nebraska opinions naming this issue, 2004–2004
2 sentences

2004We reversed the Court of Appeals’ Herrera decision, concluding that Heins had not “abrogatefd] the elements necessary to establish liability on the part of a possessor of land for injury caused to a lawful visitor by a condition on the land.” Herrera v. Fleming Cos., 265 Neb. 118, 122 , 655 N.W.2d 378, 382 (2003).

2004We reversed the Court of Appeals’ Herrera decision, concluding that Heins had not “abrogatefd] the elements necessary to establish liability on the part of a possessor of land for injury caused to a lawful visitor by a condition on the land.” Herrera v. Fleming Cos., 265 Neb. 118, 122 , 655 N.W.2d 378, 382 (2003).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Nebraska. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Scott v. Scott green
neb · 2025
2 sentences

2026Scott v. Scott, 319 Neb. 877 , 25 N.W.3d 439 (2025).

2026Scott v. Scott, 319 Neb. 877 , 25 N.W.3d 439 (2025).

22026–2026
Stava v. Stava green
neb · 2024
1 sentence

2025Stat. § 43-2923 (Reissue 2016) of Nebraska’s Parenting Act sets forth a nonexhaustive list of factors to be considered in deter- mining the best interests of a child in regard to custody. 9 Such factors include the relationship of the minor child to each parent; the desires and wishes of the minor child; the general health, welfare, and social behavior of the minor child; cred- ible evidence of abuse inflicted on any family or household 6 Stava v. Stava, 318 Neb. 32 , 13 N.W.3d 184 (2024). 7 Brief for appellant at 19. 8 Donald v. Donald, 296 Neb. 123 , 892 N.W.2d 100 (2017). 9 See, e.g., Olson

12025–2025
Donald v. Donald green
neb · 2017
2 sentences

2025Stat. § 43-2923 (Reissue 2016) of Nebraska’s Parenting Act sets forth a nonexhaustive list of factors to be considered in deter- mining the best interests of a child in regard to custody. 9 Such factors include the relationship of the minor child to each parent; the desires and wishes of the minor child; the general health, welfare, and social behavior of the minor child; cred- ible evidence of abuse inflicted on any family or household 6 Stava v. Stava, 318 Neb. 32 , 13 N.W.3d 184 (2024). 7 Brief for appellant at 19. 8 Donald v. Donald, 296 Neb. 123 , 892 N.W.2d 100 (2017). 9 See, e.g., Olson

2025Stat. § 43-2923 (Reissue 2016) of Nebraska’s Parenting Act sets forth a nonexhaustive list of factors to be considered in deter- mining the best interests of a child in regard to custody. 9 Such factors include the relationship of the minor child to each parent; the desires and wishes of the minor child; the general health, welfare, and social behavior of the minor child; cred- ible evidence of abuse inflicted on any family or household 6 Stava v. Stava, 318 Neb. 32 , 13 N.W.3d 184 (2024). 7 Brief for appellant at 19. 8 Donald v. Donald, 296 Neb. 123 , 892 N.W.2d 100 (2017). 9 See, e.g., Olson

12025–2025
Olson v. Olson green
nebctapp · 2019
1 sentence

2025Stat. § 43-2923 (Reissue 2016) of Nebraska’s Parenting Act sets forth a nonexhaustive list of factors to be considered in deter- mining the best interests of a child in regard to custody. 9 Such factors include the relationship of the minor child to each parent; the desires and wishes of the minor child; the general health, welfare, and social behavior of the minor child; cred- ible evidence of abuse inflicted on any family or household 6 Stava v. Stava, 318 Neb. 32 , 13 N.W.3d 184 (2024). 7 Brief for appellant at 19. 8 Donald v. Donald, 296 Neb. 123 , 892 N.W.2d 100 (2017). 9 See, e.g., Olson

12025–2025
Vogel v. Vogel green
neb · 2002
2 sentences

2022Vogel v. Vogel, 262 Neb. 1030 , 637 N.W.2d 611 (2002).

2022Vogel v. Vogel, 262 Neb. 1030 , 637 N.W.2d 611 (2002).

12022–2022
Fine v. Fine green
neb · 2001
2 sentences

2004Fine v. Fine, supra. Section 42-364(2) sets forth a nonexhaustive list of factors to be considered in determining the best interests of a child in this regard, including “[t]he relationship of the minor child to each parent prior to the commencement of the action or any subsequent hearing; . . . [t]he desires and wishes of the minor child if of an age of comprehension regardless of chronological age, when *345 such desires and wishes are based on sound reasoning; . . . [t]he general health, welfare, and social behavior of the minor child; and . . . [credible evidence of abuse inflicted on any

2004Fine v. Fine, supra. Section 42-364(2) sets forth a nonexhaustive list of factors to be considered in determining the best interests of a child in this regard, including “[t]he relationship of the minor child to each parent prior to the commencement of the action or any subsequent hearing; . . . [t]he desires and wishes of the minor child if of an age of comprehension regardless of chronological age, when *345 such desires and wishes are based on sound reasoning; . . . [t]he general health, welfare, and social behavior of the minor child; and . . . [credible evidence of abuse inflicted on any

12004–2004
Heyne v. Kucirek green
neb · 1979
2 sentences

2001In addition to these statutory factors, we have explained that a court determines the nature and extent of visitation rights on a case-by-case basis and may consider many factors and circumstances in each individual case, such as the age and health of the child; the character of the noncustodial parent; the place where visitation rights will be exercised; the frequency and duration of visits; the emotional relationship between the visiting parent and the child; the likely effect of visitation on the child; the availability of the child for visitation; the likelihood of disrupting an establishe

2001In addition to these statutory factors, we have explained that a court determines the nature and extent of visitation rights on a case-by-case basis and may consider many factors and circumstances in each individual case, such as the age and health of the child; the character of the noncustodial parent; the place where visitation rights will be exercised; the frequency and duration of visits; the emotional relationship between the visiting parent and the child; the likely effect of visitation on the child; the availability of the child for visitation; the likelihood of disrupting an establishe

12001–2001

Statutes the citing opinions construe

NE § Neb. Rev. Stat. § 43-2923 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

MI 88 (1990–2026) CA 50 (1997–2026) IL 47 (1991–2026) TX 44 (1993–2026) OH 38 (2000–2026) CO 23 (1994–2026) NV 18 (2010–2023) KS 11 (2004–2020) OR 10 (2008–2025) NY 10 (2008–2025) MA 8 (2006–2025) WI 7 (1985–2026) NE 7 (2001–2026) WA 6 (2006–2021) ID 4 (1996–2025) ME 3 (2015–2021) NC 3 (2020–2023) MS 3 (2014–2017) IA 3 (2021–2025) NM 2 (1999–2023) VT 2 (2020–2021) TN 2 (2007–2013) MD 2 (1991–2026) ND 2 (2019–2019) FL 2 (2008–2008)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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