S-25-0469 Larry J. Stava (Appellant) v. Carine F. Stava (Appellee)
Appeal from the District Court for Washington County, Judge Zachary L. Blackman
Attorneys: Donald A. Roberts (Roberts Law, L.L.C. for Appellant) and David M. Pontier (Koenig ׀ Dunne, PC, LLO for Appellee)
Civil: Dissolution of marriage
Proceedings below: In Stava v. Stava, 318 Neb. 32, 13 N.W.3d 184 (2024), the Nebraska Supreme Court reversed the district courts’ decision regarding the equitable division of real property and remanded the case back to the district court to redetermine the equitable division of the real property. On remand, the district court determined that an evidentiary hearing was not required, relied on the evidence adduced at trial, and redetermined the equitable division of real property.
Issues: Appellant assigns the following errors: 1) The district court erred and abused its discretion by failing to allow an evidentiary hearing on the remand of the Supreme Court; 2) The district court erred and abused its discretion by finding that the record was complete and the court had everything necessary to modify the decree despite the fact that the judge on remand was not the original trial judge; 3) The district court erred and abused its discretion in finding that the “Source of Funds Rule” was appropriate to apply to Lot 14 and the acreage on Lot 15; 4) The district court erred and abused its discretion after finding that the “Source of Funds Rule” was applicable, by inaccurately and improperly making its calculation of the marital interest in Lot 14 and the acreage portion of Lot 15.