Pope v. Department of Motor Vehicles - supplemental opinion , 311 Neb. 350 ( 2022 )


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  • Nebraska Supreme Court Online Library
    www.nebraska.gov/apps-courts-epub/
    04/15/2022 09:07 AM CDT
    - 350 -
    Nebraska Supreme Court Advance Sheets
    311 Nebraska Reports
    POPE v. DEPARTMENT OF MOTOR VEHICLES
    Cite as 
    311 Neb. 350
    Colt M. Pope, appellant, v. Department
    of Motor Vehicles of the State
    of Nebraska, appellee.
    ___ N.W.2d ___
    Filed April 15, 2022.    No. S-21-206.
    supplemental opinion
    Appeal from the District Court for Clay County: Stephen
    R. Illingworth, Judge. Former opinion modified. Motion for
    rehearing overruled.
    T. Charles James, of Langvardt, Valle & James, P.C., L.L.O.,
    for appellant.
    Douglas J. Peterson, Attorney General, and Milissa Johnson-
    Wiles for appellee.
    Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke,
    Papik, and Freudenberg, JJ.
    Per Curiam.
    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 para-
    graph to add as the final sentence the following: “We make
    - 351 -
    Nebraska Supreme Court Advance Sheets
    311 Nebraska Reports
    POPE v. DEPARTMENT OF MOTOR VEHICLES
    Cite as 
    311 Neb. 350
    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.