POPE v. DEPARTMENT OF MOTOR VEHICLES (2022)

Supreme Court of Nebraska.

Colt M. POPE, appellant, v. DEPARTMENT OF MOTOR VEHICLES of the State of Nebraska, appellee.

No. S-21-206.

Decided: April 15, 2022

Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, Papik, and Freudenberg, JJ.

T. Charles James, of Langvardt, Valle & James, P.C., L.L.O., for appellant. Douglas J. Peterson, Attorney General, and Milissa Johnson-Wiles, Lincoln, for appellee.

SUPPLEMENTAL OPINION

This case is before us on a motion for rehearing filed by the appellant, Colt M. Pope, concerning our opinion in Pope v. Department of Motor Vehicles, 310 Neb. 971, 969 N.W.2d 903 (2022).

We overrule the motion, but modify the opinion as follows:

In the analysis section, under the subheading “OTHER ASSIGNMENTS OF ERROR,” we modify the fourth paragraph to add as the final sentence the following: “We make no comment on any prohibitions or obligations under Neb. Rev. Stat. § 84-914(6) (Reissue 2014), as Pope has not assigned as error, nor has he argued he was prejudiced by, any purported violation of that statute.”

The remainder of the opinion shall remain unmodified.

Former opinion modified. Motion for rehearing overruled.

Per Curiam.

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