Geiss v. Geiss, 835 N.W.2d 774

Divorce decree 2009: Morgan Geiss awarded primary physical custody; Eric Geiss had parenting time.
June 15, 2010: Eric filed complaint to modify custody and an ex parte custody order was issued.
July 28, 2010: court awarded Eric temporary custody.
2011–2012: Morgan moved to compel mediation/sanctions for Eric’s failure to mediate; mediation ordered but not completed by Eric.
May 30, 2012: trial held; Eric, pro se, was sanctioned and barred from cross-examining Morgan’s witnesses or presenting witnesses due to failure to mediate; trial court denied modification to Morgan.
Eric timely appealed June 25, 2012, arguing due process violation and improper sanctions; appellate court affirmed the district court’s decision.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether sanctions prohibiting cross-examination and witnesses were proper	Geiss	Geiss	Sanctions proper; no error in applying sanctions under local rules
Whether failure to mediate supports modification denial	Geiss	Geiss	No material change in circumstances; custody remains with Morgan
Whether waivers/plain error affect due process claim	Geiss	Geiss	Waiver applies; plain error review available but no reversible error found

McLaughlin v. McLaughlin, 264 Neb. 232 (Neb. 2002) (standard of review for custody/visitation)
Garrett v. Garrett, 3 Neb. App. 384 (Neb. App. 1995) (failure to object to limitation waives appellate error)
Prokop v. Cannon, 7 Neb. App. 334 (Neb. App. 1998) (procedural conformity; inherent power to compel)
State v. Lindsay, 246 Neb. 101 (Neb. 1994) (pro se standards and procedural practice)
State v. Nadeem, 284 Neb. 513 (Neb. 2012) (plain error review allowed for appellate consideration)
Nolan v. Campbell, 13 Neb. App. 212 (Neb. App. 2004) (plain error review framework)
Custom Fabricators v. Lenarduzzi, 259 Neb. 453 (Neb. 2000) (inherent power to impose sanctions; due process considerations)
Garrett v. Garrett, 3 Neb. App. 384 (Neb. App. 1995) ((duplicate for emphasis) waiver of objection)