CUMULATIVE CASES DISPOSED OF WITHOUT OPINION, 7 Neb. App. xi (1998)

Nebraska Court of Appeals.

CUMULATIVE LIST OF CASES DISPOSED OF WITHOUT OPINION

No. A-97-927: Muhammad v. Thurber. Affirmed. See rule 7A(1).

No. A-97-1247: State v. Goebel. Motion of appellant to dismiss appeal sustained; appeal dismissed.

No. A-97-1285: State v. Erb. By order of the court, appeal dismissed for failure to file briefs.

No. A-97-1295: Woods Aitken v. Adkins. Motion of appellant to dismiss appeal sustained; appeal dismissed with prejudice at cost of appellant.

No. A-97-1297: State v. Andersen. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-151: Tyler v. Nebraska Dept. of Corr.Servs. Appeal dismissed. See rule 7A(2).

No. A-98-194: Greater Omaha Realty Co. v. City ofOmaha. Appeal dismissed for lack of jurisdiction. See Neb. Rev. Stat. § 25-1912(2) (Supp. 1997).

No. A-98-195: Davis v. City of Omaha. Appeal dismissed for lack of jurisdiction. See Neb. Rev. Stat. §25-1912(2) (Supp. 1997).

No. A-98-196: Tyler v. Nebraska Dept. of Corr.Servs. Appeal dismissed. See rule 7A(2).

No. A-98-197: Tyler v. Nebraska Dept. of Corr.Servs. Appeal dismissed. See rule 7A(2).

No. A-98-198: Tyler v. Nebraska Dept. of Corr.Servs. Appeal dismissed. See rule 7A(2).

No. A-97-1071: State v. Moore. Motion of appellee for dismissal sustained.

No. A-97-1178: State v. Juarez. Affirmed. See rule 7A(1).

No. A-97-1196: State v. Camacho-Mendoza. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-97-1197: State v. Shannon. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-97-1225: Williams v. Avery. Motion of appellee for summary dismissal sustained. See rule 7B(1).

No. A-97-1310: State v. Salway. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-007: State v. Grant. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-035: State v. Davis. Motion of appellant to dismiss appeal sustained; appeal dismissed.

No. A-98-039: Alexander v. Fabian. Motion of appellant to dismiss appeal sustained; appeal dismissed.

No. A-98-150: Tyler v. Department of Corr. Servs. Appeal dismissed. See rule 7A(2).

No. A-98-261: Tyler v. Nebraska Dept. of Corr. Servs. Appeal dismissed. See rule 7A(2).

No. A-98-323: Miller v. Miller. Appeal dismissed for lack of jurisdiction. Timely motion for new trial pending at time appeal was filed.

No. A-98-336: Harrington v. Clarke. Appeal dismissed for lack of a proper poverty affidavit filed in lieu of the statutory docket fee. See rule 7A(2) and Neb. Rev. Stat. § 25-1912 (Supp. 1997).

No. 94-957: Cornbelt Chem. Co. v. Polt. Appeal dismissed for lack of prosecution of appeal.

No. A-97-1168: Jackson v. Nebraska Dept. of Corr. Servs. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. 97-1173: In re Interest of Gonzales. Affirmed. See rule 7A(1).

No. 97-1233: Wiebelhaus v. Department of Motor Vehicles. Stipulation allowed; appeal dismissed.

No. 97-1268: Ted Empfield Co. v. Meints. Motion of appellee for summary dismissal sustained. See rule 7B(1).

No. 97-1277: State v. Minard. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. 97-1279: McManus v. Hawkins Constr. Co. Stipulation allowed; appeal dismissed.

No. 97-1305: State v. Escatel-Chavez. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-006: State v. Dredge. Affirmed. See rule 7A(1).

No. A-98-008: State v. Dredge. Affirmed. See rule 7A(1).

No. 98-084: Carman v. Carman. Stipulation allowed; appeal dismissed; each party to pay own costs.

No. 98-141: State v. Stednitz. Motion of appellant to dismiss appeal sustained; appeal dismissed.

No. 98-300: Chamberlain v. McCulley Township. Appeal dismissed. See rule 7A(2).

No. A-97-1131: State v. Harre. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-97-1132: State v. Harre. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-97-1216: State v. Taylor. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-97-1217: State v. Taylor. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-97-1258: Tyler v. Nebraska Dept. of Corr. AppealsBd. Appeal dismissed for lack of jurisdiction. See rule 7A(2).

No. A-97-1288: Gray v. Thurber. Affirmed. See rule 7A(1).

No. A-97-1306: Tyler v. Omaha Police Chief Circo. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-029: State v. Malcolm. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-030: State v. Malcolm. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-031: State v. Malcolm. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-329: Ritchhart v. Daub. Vacated and dismissed.

No. A-98-371: State v. Frolio. Appeal dismissed for lack of jurisdiction. See Morello v. City of Omaha, 5 Neb. App. 785, 565 N.W.2d 41 (1997).

No. A-98-387: Tyler v. Stennis. Appeal dismissed for lack of jurisdiction. See Whalen v. U S West Communications, 253 Neb. 334, 570 N.W.2d 531 (1997).

No. A-97-1115: State v. Magana. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-97-1215: State on behalf of Woods v. Cato. Motion of appellee to dismiss appeal sustained.

No. A-97-1274: State v. Taubenheim. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-97-1362: Sikora v. Bohn. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-009: State v. Ainsworth. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-022: Dillon v. Nebraska Dept. of Corr.Servs. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-100: Sikora v. Bohn. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-203: KVI Assocs., Inc. v. Grapevine Sys.,Inc. Appeal dismissed. See rule 7A(2) and Lewis v. Craig, 236 Neb. 602, 463 N.W.2d 318 (1990).

No. A-98-378: Wynne Transp. Servs. v. Hill Bros.Transp. Stipulation allowed; appeal dismissed with prejudice.

No. A-98-389: State v. Bonk. Appeal was not properly perfected, and time to appeal order denying in forma pauperis status has run. See In re Interest of Noelle F. Sarah F., 249 Neb. 628, 544 N.W.2d 509 (1996).

No. A-98-417: VanDeMark v. Hall Cty. Appeal dismissed. See rule 7A(2); Neb. Rev. Stat. § 25-2306 (Reissue 1995); and State v. Schmailzl, 248 Neb. 314, 534 N.W.2d 743 (1995).

No. A-97-1151: State v. Anderson. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-97-1325: In re Interest of Braatz. Affirmed. See, State v. Dimmitt, 5 Neb. App. 451, 560 N.W.2d 498
(1997), and In re Interest of Shea B., 3 Neb. App. 750, 532 N.W.2d 52 (1995). See, also, rule 7A(1).

No. A-98-062: Ray v. Ray. Stipulation allowed; appeal dismissed.

No. A-98-087: State ex rel. Tyler v. Douglas Cty. Corr.Ctr. Warden. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-193: State v. Smolinski. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-200: State v. Plunkett. Motion of appellant to dismiss appeal sustained; appeal dismissed.

No. A-98-274: State v. Abbott. Motion of appellant to dismiss appeal sustained; appeal dismissed.

No. A-98-401: Woodward v. Andersen. Appeal dismissed for lack of jurisdiction.

No. A-98-420: Tyler v. Stenberg. Appeal dismissed for lack of jurisdiction.

No. A-98-428: Tyler v. Edelman. Appeal dismissed. See rule 7A(2). See, also, Neb. Ct. R. of Prac. 1C (rev. 1996).

No. A-98-435: State v. Davis. Appeal dismissed for lack of jurisdiction as filed out of time. See Neb. Rev. Stat. § 25-1912 (Cum. Supp. 1997).

No. A-98-436: State v. Davis. Appeal dismissed for lack of jurisdiction as filed out of time. See Neb. Rev. Stat. § 25-1912 (Cum. Supp. 1997).

No. A-98-437: State v. Davis. Appeal dismissed for lack of jurisdiction as filed out of time. See Neb. Rev. Stat. § 25-1912 (Cum. Supp. 1997).

No. A-98-464: Hanus v. Nebraska Dept. of Ed. Appeal dismissed. See rule 7A(2).

No. A-97-854: Cornbelt Chem. Co. v. Hallam GrainCo. Affirmed. See rule 7A(1).

No. A-97-1207: General Serv. Bureau v. Jensen. Motion of appellant to dismiss appeal sustained; appeal dismissed.

No. A-97-1353: Hicks v. Thurber. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-042: Scribner Bank v. DeBruce Grain, Inc. Stipulation allowed; appeal dismissed with prejudice; each party to pay own costs.

No. A-98-043: Scribner Bank v. DeBruce Grain, Inc. Stipulation allowed; appeal dismissed with prejudice; each party to pay own costs.

No. A-98-088: Tyler v. Jansen. Appeal dismissed for lack of jurisdiction. See Hall v. Progress Pig, Inc., 254 Neb. 150, 575 N.W.2d 369 (1998).

No. A-98-092: Schmutzler v. Schmutzler. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-229: Benes v. Benes. By order of the court, appeal dismissed for failure to file briefs.

No. A-97-1172: Tobar v. Excel Corp. Affirmed. See rule 7A(1).

No. A-97-1204: Thomas v. City of Lincoln. Motion of appellant to dismiss appeal sustained; appeal dismissed.

No. A-98-079: State v. Grayer. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-091: State v. Thomas. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-099: State v. Everett. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-106: State v. Winston. Motion of appellant to dismiss appeal sustained; appeal dismissed.

No. A-98-137: State v. Pope. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-258: In re Interest of Webb. Motion of appellant to dismiss appeal sustained; appeal dismissed.

No. A-98-336: Harrington v. Clarke. Appeal dismissed. See Neb. Rev. Stat. § 25-1912 (Supp. 1997).

No. A-98-379: Ruffin v. Salmons. Stipulation allowed; appeal dismissed with prejudice; each party to pay own costs.

No. A-98-383: State v. Boatman. Appeal dismissed for lack of jurisdiction as being filed out of time. See Neb. Rev. Stat. § 25-1912 (Supp. 1997).

No. A-98-384: State v. Stevenson. Appeal dismissed. See rule 7A(2).

No. A-98-388: State v. Escatel-Chavez. Appeal dismissed for lack of jurisdiction as filed out of time. See Neb. Rev. Stat. § 25-1912 (Supp. 1997).

No. A-98-441: Parrish v. Holiday Inn. Appeal dismissed for lack of a final, appealable order. See State v. Schlund, 249 Neb. 173, 542 N.W.2d 421 (1996) (motion affecting peripheral matter of counsel does not affect substantial right and thus is not final order).

No. A-98-477: Cole v. Karas. Appeal dismissed as filed out of time. See rule 7A(2).

No. A-97-1287: State v. Austin. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-019: Tyler v. Clarke. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-020: Pratt v. White. Affirmed. See rule 7A(1).

No. A-98-064: Gerber v. Gerber. By order of the court , appeal dismissed for failure to timely file briefs.

No. A-98-135: State v. Hulit. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-146: State v. Tieken. Motion of appellee for summary affirmance and appellant’s brief considered. Summary affirmance granted.

No. A-98-175: State v. Ferro. Motion of appellee for summary affirmance sustained; judgement affirmed. See rule 7B(2).

No. A-98-257: Meints v. Abramson. Motion of appellant to dismiss appeal sustained; appeal dismissed at cost of appellant.

No. A-98-472: Collins v. Braun. Motion of appellee for summary dismissal sustained. See rule 7B(1).

No. A-98-540: State v. Rubalcava. Stipulation allowed; appeal dismissed.

No. A-98-561: Smith v. Nebraska Dept. of Labor. Appeal dismissed under rule 7A(2). See Concordia Teachers College v. Neb. Dept. of Labor, 252 Neb. 504, 563 N.W.2d 345 (1997).

No. A-98-017: State v. Wolfe. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-223: In re Interest of Crawford. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-262: Tyler v. Nebraska Dept. of Corr.Servs. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-264: Tyler v. Edelman. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-273: State v. Knight. Motion of appellant to dismiss appeal sustained; appeal dismissed.

No. A-98-295: Cotton v. Cotton. Motion of appellant to dismiss appeal sustained; appeal dismissed with prejudice; each party to pay own costs.

No. A-98-360: State v. Flynn. Appeal dismissed for lack of jurisdiction. See rule 7A(2).

No. A-98-560: State v. White. Appeal dismissed for lack of jurisdiction under rule 7A(2). Statutory docket fee filed out of time. See Neb. Rev. Stat. § 25-1912 (Supp. 1997).

No. A-98-045: Dean v. Nebraska Dept. of Corr.Servs. Appeal dismissed for lack of jurisdiction as filed out of time. See Neb.Rev.Stat. § 25-1912 (Supp. 1997).

No. A-98-048: In re Guardianship of Povondra. Appeal dismissed for lack of jurisdiction.

No. A-98-119: State v. Pfeifer. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-125: Douglas Cty. Bank Trust Co. v.Wickman. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-143: Linse v. Linse. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-179: Pitt v. Modern Equip. Co. Affirmed. See rule 7A(1).

No. A-98-214: State v. Smith. Affirmed. See rule 7B(2).

No. A-98-246: Sanford v. Nebraska Tax Equal. and ReviewComm. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-260: State v. Huston. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-265: Haight v. Lancaster Cty. Bd. ofEqual. Appeal dismissed. See Neb.Rev.Stat. §77-5019(2)(a) (Supp. 1997).

No. A-98-602: In re Interest of Alsaidy. Appeal dismissed. See rule 7A(2).

No. A-97-1144: State v. Shafer. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-97-1286: State v. Austin. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-036: State v. Bressman. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-142: Hyde v. Hyde. Appeal dismissed. See rule 7A(2) and Trowbridge v. Donner, 152 Neb. 206, 40 N.W.2d 655 (1950).

No. A-98-192: State ex rel. Meints v. Meints. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-277: In re Guardianship of Davis. Appeal dismissed for lack of jurisdiction. See Neb. Rev. Stat. §25-1912(2) (Supp. 1997).

No. A-98-599: State v. Yum. Appeal dismissed. See rule 7A(2).

No. A-98-613: In re Interest of Gravitt. Appeal dismissed as filed out of time. See Neb. Rev. Stat. § 25-1912
(Supp. 1997).

No. A-98-614: In re Interest of Carter. Appeal dismissed as filed out of time. See Neb. Rev. Stat. § 25-1912
(Supp. 1997).

No. A-98-627: State v. Fedders. Appeal dismissed. See rule 7A(2).

No. A-98-629: Mateen v. Nebraska Dept. of Corr.Servs. Appeal dismissed pursuant to rule 7A(2) and as filed out of time. See Neb. Rev. Stat. § 25-1912 (Supp. 1997).

No. A-98-651: Turner v. Nebraska Dept. of Corr.Servs. Appeal dismissed. See rule 7A(2).

No. A-98-683: State v. Belgum. Appeal dismissed. See rule 7A(2).

No. A-98-705: Metro Moving Servs. v. Balka. Appeal dismissed. See rule 7A(2).

No. A-98-706: Tri Cities Moving Servs. v. Balka. Appeal dismissed. See rule 7A(2).

No. A-97-1123: Tyler v. Nelson. Affirmed. See rule 7A(1).

No. A-98-130: State v. 1979 Chevrolet Malibu. Appeal from order of August 25, 1997, dismissed under rule 7B(1). See Neb. Rev. Stat. § 25-1912(2) (Supp. 1997) and State v. Spotted Elk, 227 Neb. 869, 420 N.W.2d 707 (1998). Appeal from order overruling motion for new trial summarily affirmed. See State v. McCracken, 248 Neb. 576, 537 N.W.2d 502
(1995).

No. A-98-134: In re Interest of Rutherford. Affirmed. See rule 7A(1).

No. A-98-158: State v. McCoy. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-201: State v. Sprau. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-317: State v. Holder. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-565: City of Elkhorn v. Skyline Water Co. Appeal dismissed. No final order.

No. A-98-234: State v. Chapin. Summarily affirmed. See rule 7A(1) and State v. Ready, 252 Neb. 816, 565 N.W.2d 728 (1997).

No. A-98-320: Bailey v. Humphrey Enters. Stipulation allowed; appeal dismissed at cost of appellant.

No. A-97-594: State on behalf of Brown v. Martin. Affirmed. See rule 7A(1).

No. A-97-595: State on behalf of Beck v. Beck. Affirmed. See rule 7A(1).

No. A-97-1080: State v. Cabela. Motion of appellee for summary dismissal sustained. See State v. Jacques, 253 Neb. 247, 570 N.W.2d 331 (1997).

No. A-97-1174: Bowery v. Home Real Estate Co. Affirmed. See rule 7A(1).

No. A-97-1189: Tyler v. Nelson. Affirmed. See rule 7A(1).

No. A-98-032: State on behalf of Mandolfo v.Mandolfo. Appeal dismissed. See rule 7A(2). See, also, Neb. Rev. Stat. § 25-1912(1) (Supp. 1997) and Federal Land Bank v. McElhose, 222 Neb. 448, 384 N.W.2d 295 (1986).

No. A-98-072: State v. Moore. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-083: State v. Peterson. Affirmed. See rule 7A(1).

No. A-98-243: Paige v. Warren Anderson Auto. Appeal dismissed. See Back Acres Pure Trust v. Fahnlander, 233 Neb. 28, 443 N.W.2d 604 (1989).

No. A-98-279: State v. Huddleston. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-302: State v. Stutzman. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-318: State v. Urbano. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-372: State v. Terry. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-458: Hudson v. Turley. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-578: Holcomb v. Olsen. Motion of appellant to dismiss appeal sustained; appeal dismissed at cost of appellant.

No. A-98-103: State v. Graves. Affirmed. See rule 7A(1). See, also, State v. Hansen, 249 Neb. 177, 542 N.W.2d 424
(1996).

No. A-98-449: State v. Abdullah. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-569: State v. Dahlk. Stipulation allowed; appeal dismissed; each party to pay own costs.

No. A-98-596: Slaymaker v. Breyer. Appeal dismissed. See rule 7A(2). See, also, Bechtold v. Gomez, 254 Neb. 282, 576 N.W.2d 185 (1998).

No. A-98-702: State v. Svoboda. Appeal dismissed as filed out of time. See rule 7A(2) and Neb. Rev. Stat. § 25-1912
(Supp. 1997).

No. A-97-1227: KC Cattle Co. v. Myers. Stipulation allowed; appeal dismissed with prejudice.

No. A-98-215: Hartigan v. Pettit’s Pastry. Motion of appellant to dismiss appeal sustained; appeal dismissed.

No. A-98-291: State v. Duncan. Affirmed. See rule 7A(1).

No. A-98-314: State v. Treick. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-324: Wieckhorst v. Arnie’s Bagelicious Bagel,Inc. Motion of appellant to dismiss appeal sustained; appeal dismissed.

No. A-98-566: Putjenter v. Putjenter. Stipulation allowed; appeal dismissed.

No. A-98-174: State v. Villa. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-202: State v. Sproul. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-238: State v. Stults. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-251: State v. Devaney. Motion of appellee for summary affirmance granted, except sentence modified. See State v. Harris, 7 Neb. App. 520, ___ N.W.2d ___ (1998).

No. A-98-252: State v. Devaney. Motion of appellee for summary affirmance granted, except sentence modified. See State v. Harris, 7 Neb. App. 520, ___ N.W.2d ___ (1998).

No. A-98-346: Stoppkotte v. Union Pacific RR. Co. Stipulation allowed; appeal dismissed with prejudice.

No. A-98-617: Bliss v. Bliss. Stipulation allowed; appeal dismissed at cost of appellant.

No. A-98-813: Gans v. Huffman Assocs. Stipulation allowed; appeal dismissed with prejudice; each party to pay own costs.

No. A-97-1206: Dreesen v. Interim Health Care. Stipulation allowed; appeal dismissed; each party to pay own costs.

No. A-98-325: Durner v. Durner. Motion of appellant to dismiss appeal sustained; appeal dismissed.

No. A-98-574: Kroll v. Department of Motor Vehicles. Appeal dismissed. See rule 7A(2).

No. A-98-709: State v. Boettcher. Appeal dismissed. See rule 7A(2).

No. A-97-1164: Tyler v. Presmore. Affirmed. See rule 7A(1).

No. A-98-172: Ray v. Abramson. Affirmed. See rule 7A(1).

No. A-98-183: Tyler v. Nebraska Dept. of Corr. Servs. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-217: State v. Gutierrez. Affirmed. See rule 7A(1).

No. A-98-227: State v. Tyler. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-233: State v. Donald. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-281: State v. Maytum. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-310: Blue Valley Management v. Blue ValleyTelemarketing. Appeal dismissed for lack of a final order. Se State ex rel. Fick v. Miller, 252 Neb. 164, 560 N.W.2d 793
(1997).

No. A-98-408: State v. Ralph. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2). However, see 1997 Neb. Laws, L.B. 364, § 14.

No. A-98-429: Langenheder v. County of Howard. Motion of appellant to dismiss appeal sustained; appeal dismissed.

No. A-98-443: State v. Rask. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-473: State v. Freeman. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-500: State v. Washa. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-621: Custom Fabricators v. Lenarduzzi. Appeal dismissed. See rule 7A(2).

No. A-98-711: Harrington v. Houston. Motion of appellant to dismiss appeal sustained; appeal dismissed.

No. A-98-754: State v. Coon. Stipulation allowed; appeal dismissed.

No. A-98-785: Farmers Cooperative Elevator v. Gering ValleyGrain. Stipulation allowed; appeal dismissed.

No. A-95-829: Sullivan v. Varnum/Armstrong/Deeter, Inc. Appeal dismissed. See rule 7A(2).

No. A-98-231: Saylor v. Nebraska Dept. of Corr. Servs. Appeal dismissed. See rule 7A(2).

No. A-98-382: State v. Connealy. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-476: State v. Sysel. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-499: State v. Langvardt. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-570: Tyler v. Department of Corr. Servs. Appeal dismissed. See rule 7A(2).

No. A-98-582: State v. Coolidge. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-791: State v. Burghardt. Appeal dismissed for lack of jurisdiction. See Neb. Rev. Stat. § 25-1912 (Supp. 1997).

No. A-97-1136: In re Interest of Lansford. Affirmed. See rule 7A(1).

No. A-98-147: In re Interest of Paxton. Affirmed. See In re Interest of J.H., 242 Neb. 906, 497 N.W.2d 346 (1993).

No. A-98-380: State v. Rafael. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-386: Tyler v. Stennis. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-416: State v. Moniz. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-453: State v. Schwartz. Affirmed. See rule 7A(1).

No. A-98-484: Tyler v. Hopkins. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-493: State v. Wirtz. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-508: State v. Bennett. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-527: Tyler v. Thompson. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-532: Tyler v. Nebraska State Bar Assn. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-533: Tyler v. Nebraska Dept. of Corr. Servs. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-534: Tyler v. Madsen. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-548: In re Application of Tyler. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-557: Tyler v. Nebraska Dept. of Corr. Servs. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-558: Tyler v. Hopkins. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-656: State v. Ginn. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-675: State v. Russell. Motion of appellant to dismiss appeal sustained; appeal dismissed.

No. A-98-327: Douglas Cty. Bank Trust v. DBV Enterprises. Stipulation allowed; appeal dismissed with prejudice.

No. A-98-356: Jackson v. Nebraska Dept. of Corr. Servs. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-466: State v. Scott. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-521: Luebbe v. Vyhnalek. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-550: State v. Krutilek. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-882: State v. Halcomb. Appeal dismissed. See rule 7A(2) and Neb. Rev. Stat. § 25-1931 (Reissue 1995) and State v. Marshall, 253 Neb. 676, 573 N.W.2d 406 (1998).

No. A-98-904: Hernandez v. Blankenship. Affirmed. See rule 7A(1) and State ex rel. Grape v. Zach, 247 Neb. 29, 524 N.W.2d 788 (1994).

No. A-98-932: State v. Bruno. Appeal dismissed. See rule 7A(2) and State v. McCormick and Hall, 246 Neb. 271, 518 N.W.2d 133 (1994).

No. A-98-933: State v. Bruno. Appeal dismissed. See rule 7A(2) and State v. McCormick and Hall, 246 Neb. 271, 518 N.W.2d 133 (1994).

No. A-98-255: Wiedel v. Wiedel. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-263: Tyler v. Curtis. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-551: State v. Elias. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-600: State v. McMichael. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-694: State v. Perkins. Motion of appellant considered; appeal dismissed.

No. A-98-820: Killian v. Killian. Motion of appellant to dismiss appeal sustained; appeal dismissed.

No. A-98-880: Custom Fabricators v. Lenarduzzi. Appeal dismissed. See rule 7A(2).

No. A-98-881: Hatt v. Eustice. Appeal dismissed for lack of jurisdiction. See Mason v. Cannon, 246 Neb. 14, 516 N.W.2d 250 (1994).

No. A-98-889: State v. Martin. Appeal dismissed. See rule 7A(2) and Neb. Rev. Stat. § 25-1912 (Supp. 1997).

No. A-98-971: Cole v. Grabenstein-Chandler. Appeal dismissed for lack of jurisdiction as filed out of time. Se Morello v. City of Omaha, 5 Neb. App. 785, 565 N.W.2d 41
(1997).

No. A-98-1032: State v. Green. Appeal dismissed. See rule 7A(2).

No. A-98-1035: Beers v. Nebraska Dept. of Corr. Servs. Appeal dismissed. See rule 7A(2).

No. A-98-303: Tyler v. Hale. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-397: State v. Alvarez. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-438: State v. Hultquist. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-460: State v. Slater. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-587: Lowry v. Lowry. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-638: State v. Richter. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-665: State v. Schoenrock. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-672: Richling v. Department of Motor Vehicles. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-695: Garrison v. Garrison. Motion of appellant to dismiss appeal sustained; appeal dismissed with prejudice.

No. A-98-748: Sohl v. Arehart. Motion of appellant to dismiss appeal sustained; appeal dismissed.

No. A-98-762: State v. Quezada-Enriquez. Motion of appellant to dismiss appeal sustained; appeal dismissed.

No. A-98-801: Miller v. Miller. Motion of appellant to dismiss appeal sustained; appeal dismissed.

No. A-98-818: Dawson v. Abrahamson. Appeal dismissed. See rule 7A(2).

No. A-98-852: State v. Ballard. Appellant’s “motion to set aside appeal” treated as motion to dismiss appeal which is sustained; appeal dismissed.

No. A-98-911: Rodriguez v. Harsh International. Appeal dismissed. See rule 7A(2) and Bank of Valley v. Shunk, 208 Neb. 200, 302 N.W.2d 711 (1981), and Jung v. Cole, 184 Neb. 153, 165 N.W.2d 717 (1969).

No. A-98-304: Cole v. Johnson. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-463: Ross v. S.A. Foster Co. Affirmed. See rule 7A(1).

No. A-98-479: State v. Burgan. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-503: State v. Harrison. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-536: Lewis v. Talmadge. Affirmed. See rule 7A(1).

No. A-98-959: Yant v. Yant. Motion of appellant to dismiss appeal sustained; appeal dismissed.

No. A-98-1087: In re Interest of Longo. Appeal dismissed for lack of jurisdiction. See Neb. Rev. Stat. § 25-1912(2) (Supp. 1997).

No. A-98-1113: Radke v. Radke. Motion of appellant to dismiss appeal sustained; appeal dismissed.

No. A-98-1122: Coulson v. Nebraska Bd. of Parole. Appeal dismissed as filed out of time. See rule 7A(2) and Neb. Rev. Stat. § 25-1912 (Supp. 1997).

No. A-98-070: State v. Roberts. Affirmed. See rule 7A(1).

No. A-98-357: State v. Salado. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-406: Wagner v. Nebraska Dept. of Corr. Servs. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-593: State v. Willets. Affirmed. See rule 7A(1).

No. A-98-699: Miller v. Miller. Motion of appellant to dismiss appeal sustained; appeal dismissed with prejudice, at cost of appellant.

No. A-98-708: Allstate Ins. Co. v. Godoy. Motion of appellant to dismiss appeal sustained; appeal dismissed.

No. A-98-850: State v. Trump. Motion considered; appeal dismissed.

No. A-98-957: Bohannon v. Storer. Motion of appellant to dismiss appeal sustained; appeal dismissed.

No. A-98-1155: State v. Doyle. Stipulation allowed; appeal dismissed.

No. A-98-373: State v. Flemming. Affirmed. See rule 7A(1).

No. A-98-529: Williams v. Williams. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-547: Tyler v. Department of Corr. Servs. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-562: Tyler v. Jansen. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-601: Tyler v. Hopkins. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-611: Lieske v. Shotkoski. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-649: Tyler v. Department of Corr. Servs. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-667: State v. Hernandez. Affirmed. See rule 7A(1).

No. A-98-758: In re Interest of Cole. Motion of appellant to dismiss appeal sustained; appeal dismissed.

No. A-98-919: Zimmerman v. Zimmerman. Stipulation allowed; appeal dismissed.

No. A-98-996: Kinsey v. Colfer et al. Appeal dismissed. See rule 7A(2).

No. A-98-1058: Glass O’Day Stables v. Department ofRoads. Appeal dismissed. See, rule 7A(2); Neb. Rev. Stat. §76-715 (Reissue 1996); Neumeyer v. Omaha Public Power Dist., 188 Neb. 516, 198 N.W.2d 80 (1972).

No. A-98-1093: Metrejean v. Hamling. Appeal dismissed. See Neb. Rev. Stat. § 25-1912 (Supp. 1997).

No. A-98-1133: State v. McGowan. Appeal dismissed. See Neb. Rev. Stat. § 25-1912 (Supp. 1997). See, also, State v. Parmar, 255 Neb. 356, ___ N.W.2d ___ (1998), and State v. Haase, 247 Neb. 817, 530 N.W.2d 617 (1995).

No. A-98-1136: State v. Mitchell. Appeal dismissed for lack of jurisdiction. See State v. Schmailzl, 248 Neb. 314, 534 N.W.2d 743 (1995).

No. A-98-1138: State v. McGowan. Appeal dismissed. See Neb. Rev. Stat. § 25-1912 (Supp. 1997).

No. A-97-1078: State v. Rodriguez. Affirmed. See rule 7A(1).

No. A-98-093: Geiger v. Johnson. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-556: Bradley v. Dept. of Corr. Servs. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-583: Tyler v. Dept. of Corr. Servs. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-618: Druhet v. Druhet. Motion of appellant to dismiss appeal sustained; appeal dismissed with prejudice.

No. A-98-622: Peck v. Peck. Stipulation allowed; appeal dismissed.

No. A-98-673: State v. Richling. Motion of appellant to dismiss appeal sustained; appeal dismissed.

No. A-98-681: Keech v. Holiday Skate World. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-98-724: Tyler v. Church Mut. Ins. Co. By order of the court, appeal dismissed for failure to file briefs.

No. A-98-767: State v. Boyd. Affirmed. See rule 7A(1).

No. A-98-773: State v. Taylor. Motion of appellant to dismiss appeal sustained; appeal dismissed.

No. A-98-910: Ingraham v. Atlanta Cas. Co. Stipulation allowed; appeal dismissed at cost of appellant.

No. A-98-918: Gans v. Gans. Appeal dismissed as moot.

No. A-98-1063: V.A.W. of America, Inc. v. Vassiliev. Appeal dismissed. See rule 7A(2). See, also, 1998 Neb. Laws, L.B. 234, § 4(6) and (7).

No. A-98-1094: Schroeppel v. Cleary Building Corp. Stipulation allowed; appeal dismissed with prejudice; each party to pay own costs.

No. A-98-1188: State v. Carter. Appeal dismissed for lack of jurisdiction. See rule 7A(2) and Neb. Rev. Stat. § 25-1912
(Supp. 1997).

No. A-94-957: Cornbelt Chem. Co. v. Polt. Appeal dismissed for lack of prosecution of appeal.

No. A-95-829: Sullivan v. Varnum/Armstrong/Deeter, Inc. Appeal dismissed. See rule 7A(2).

*No. A-97-590: Incontro v. Incontro. Motion of appellee for rehearing overruled.

No. A-97-594: State on behalf of Brown v. Martin. Affirmed. See rule 7A(1).

No. A-97-595: State on behalf of Beck v. Beck. Affirmed. See rule 7A(1).

No. A-97-854: Cornbelt Chem. Co. v. Hallam Grain Co. Affirmed. See rule 7A(1).

No. A-97-927: Muhammad v. Thurber. Affirmed. See rule 7A(1).

No. A-97-1071: State v. Moore. Motion of appellee for dismissal sustained.

No. A-97-1078: State v. Rodriguez. Affirmed. See rule 7A(1).

No. A-97-1080: State v. Cabela. Motion of appellee for summary dismissal sustained. See State v. Jacques, 253 Neb. 247, 570 N.W.2d 331
(1997).

No. A-97-1115: State v. Magana. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-97-1123: Tyler v. Nelson. Affirmed. See rule 7A(1).

No. A-97-1131: State v. Harre. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-97-1132: State v. Harre. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

No. A-97-1136: In re Interest of Lansford. Affirmed. See rule 7A(1).

No. A-97-1144: State v. Shafer. Motion of appellee for summary affirmance sustained; judgment affirmed. See rule 7B(2).

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