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Burton v. Burton

Supreme Court of Nebraska
Sep 18, 1987
412 N.W.2d 486 (Neb. 1987)

Opinion

No. 87-021.

Filed September 18, 1987.

Appeal from the District Court for Sarpy County: GEORGE A. THOMPSON, Judge. Affirmed.

Gregory A. Pivovar, for appellant.

No appearance for appellee.

KRIVOSHA, C.J., BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.


This is an appeal from a decree of dissolution entered by the district court for Sarpy County, Nebraska. Husband appeals, alleging that the district court abused its discretion in determining the amount of child support to be paid by the husband and in dividing property between the parties.

In an appeal involving actions for dissolution of marriage, the Supreme Court's review of a trial court's judgment is de novo on the record to determine whether there has been an abuse of discretion by the trial judge, whose judgment will be upheld in the absence of an abuse of discretion. In such de novo review, when the evidence is in conflict, the Supreme Court considers, and may give weight to, the fact that the trial judge heard and observed the witnesses and accepted one version of the facts rather than another.

Gerber v. Gerber, 225 Neb. 611, 617-18, 407 N.W.2d 497, 502 (1987).

From our review de novo on the record in these proceedings, we find no abuse of discretion by the district court.

AFFIRMED.

KRIVOSHA, C.J., not participating.


Summaries of

Burton v. Burton

Supreme Court of Nebraska
Sep 18, 1987
412 N.W.2d 486 (Neb. 1987)
Case details for

Burton v. Burton

Case Details

Full title:EVA SHARON BURTON, APPELLEE, v. RANDY ALAN BURTON, APPELLANT

Court:Supreme Court of Nebraska

Date published: Sep 18, 1987

Citations

412 N.W.2d 486 (Neb. 1987)
412 N.W.2d 486

Citing Cases

Zavitka v. Zavitka

" Burton v. Burton, 226 Neb. 550, 551, 412 N.W.2d 486 (1987) (quoting Gerber v. Gerber, 225 Neb. 611, 407…