Shafer v. Shafer -- supplemental opinion

and fairness of the judicial process. State v. Barfield, 272 Neb.
502, 723 N.W.2d 303 (2006), disapproved on other grounds,
State v. McCulloch, 274 Neb. 636, 742 N.W.2d 727 (2007).
Finding plain error, we modify the defendant’s sentence of pro-
bation from 3 years to 2 years.
CONCLUSION
Based on the foregoing, we affirm the district court’s judg-
ment as modified.
A ffirmed As modified .
K risti A. shAfer , Appellee , v .
lAyne d. shAfer , AppellAnt .
743 N.W.2d 781
Filed January 22, 2008. 	No. A-06-362.
supplementAl opinion
Appeal from the District Court for Dawson County: JAmes e.
doyle iv, Judge. Supplemental opinion: Former opinion modi-
fied. Motion for rehearing overruled.
Brian J. Davis and Claude E. Berreckman, Jr., of Berreckman
& Berreckman, P.C., for appellant.
Kent A. Schroeder, of Ross, Schroeder & George, L.L.C.,
for appellee.
irwin , sievers, and CAssel, Judges.
per C uriAm.
This matter is before the court on the motion for rehearing
of Layne D. Shafer regarding our opinion reported in Shafer v.
Shafer, ante p. 170, 741 N.W.2d 173 (2007). We overrule the
motion, but modify the opinion as follows:
In that portion of the opinion designated the “Analysis,” the
last paragraph of the section addressing the treatment of the
cattle, id. at 178-79, 741 N.W.2d at 179, is withdrawn, and the
following paragraph is substituted in its place:
ShAFER v. ShAFER 	327
Cite as 16 Neb. App. 327
Nebraska Supreme Court Online Library
www.nebraska.gov/apps-courts-epub/
11/01/2026 04:16 AM CST

The change in the property division attributable to
this modification is as follows: The trial court found
that the total net marital estate was $446,462, which
when reduced by $59,600 becomes $386,862. Thus, half
of the net marital estate is $193,431. The trial court
awarded Kristi $197,725 as her “net marital estate award”
and an equalizing payment of $25,506. We eliminate
the equalizing payment, leaving Kristi with a total of
$197,725approximately 51 percent of the net marital
estate. In all other respects, we affirm the trial court’s
property division.
The remainder of the opinion shall remain unmodified.
former opinion modified .
motion for reheAring overruled .
mAry elizAbeth wAgner , Appellee , v .
JAmes briAn wAgner , AppellAnt .
743 N.W.2d 782
Filed January 22, 2008. 	No. A-06-427.
1. Jurisdiction: Appeal and Error. Before reaching the legal issues presented for
review, it is the duty of an appellate court to determine whether it has jurisdiction
over the matter before it.
2. Judgments: Final Orders: Time: Notice: Appeal and Error. Proceedings to
obtain a reversal, vacation, or modification of judgments and decrees rendered or
final orders made by the district court shall be by filing within 30 days after the
entry of such judgment, decree, or final order, a notice of intention to prosecute
such appeal.
3. Judgments: Words and Phrases. A judgment is the final determination of the
rights of the parties in an action.
4. Judgments: Records: Words and Phrases. Rendition of a judgment is the act of
the court, or a judge thereof, in making and signing a written notation of the relief
granted or denied in an action.
5. Judgments: Records: Time: Appeal and Error. The entry of a judgment, decree,
or final order occurs when the clerk of the court places the file stamp and date
upon the judgment, decree, or final order. For purposes of determining the time
for appeal, the date stamped on the judgment, decree, or final order shall be the
date of entry.
Appeal from the District Court for hall County: JAmes
livingston, Judge. Appeal dismissed.
328 	16 NEBRASKA APPELLATE REPORTS