Kerby v Moab Valley Healthcare, Inc.

Kerby appealed the verdict in favor of Moab in her wrongful death case. The panel affirmed. It held that summary judgment as to causation was properly denied as the testifying doctor said causation of death was outside the scope of his expertise and either qualified answers or refused to answer questions on causation. It also held that mention that the dead patient’s son was in prison was harmless error as the evidence did not go to causation and fears the imprisonment would turn the jury against the family was countered by the family distancing themselves from the son.

Hibbens v Hibbens

Wife appealed the modifications to the parties’ divorce decree. The panel affirmed. It held that wife’s refinancing a mortgage husband was to pay and declaring he no longer needed to pay was a substantial change in circumstances justifying ending husband’s obligation to pay. It held there was no error in the new child support order as the two adult children were not in any need of support and the district court had jurisdiction to end support on that basis and the support for the minor child was actually increased after the district court followed the statutory process to the letter.

Weber v Mikarose, LLC

Mikarose appealed an order granting additional attorney fees to Weber. The panel affirmed holding Mikarose had failed to preserve any of its arguments. The case was remand to calculate an attorney fee award to Weber for the appeal.

White v Department of Workforce Services

White appealed the denial of his application for unemployment benefits. The panel affirmed holding Department’s decision was supported by substantial evidence in that White was given a warning and worked all his last day on the job and thus quit without good cause.

Robinson v State

Robinson appealed the dismissal of his petition for post-conviction relief. The panel affirmed holding the petition was untimely as it was field more than one year after his conviction became final and no exception to the one year limit applied.