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Kumke v. Kumke7/30/2002
ements to little, if any, weight. In the final analysis, no court can abdicate its obligation to determine what it deems to be in the best interests of the children, based upon the totality of the circumstances." Beran v. Beran, 234 Neb. 296, 301-02, 450 N.W.2d 688, 692 (1990) (quoting Krohn v. Krohn, 217 Neb. 158, 347 N.W.2d 869 (1984)).
We also note Neb. Ct. R. of Prac. 5A(1) (rev. 2000), which provides: "The official court reporter shall in all instances make a verbatim record of the evidence offered at trial or other evidentiary proceeding, including but not limited to objections to any evidence and rulings thereon, oral motions, and stipulations by the parties. This record may not be waived."
Rule 5 was amended on February 1, 1995, by adding the language currently contained in rule 5A(1) and (2). See Gerdes v. Klindt's, Inc., 247 Neb. 138, 141, 525 N.W.2d 219, 221 (1995) (holding that " enceforth, all evidentiary proceedings shall require the presence of a court reporter who shall make a verbatim record of the proceedings, and such recording may not be waived by the court or the parties"). We agree with Tina's assertion that the district court in the present case should have made a record of the in camera hearing with the parties' children. Accordingly, we reverse, and remand for a new evidentiary hearing. See, Coates v. First Mid-American Fin. Co., 263 Neb. 619, 641 N.W.2d 398 (2002); Gerdes v. Klindt's, Inc., supra.
Modification of Custody.
Tina next asserts that the district court erred in finding that there had been a material change in circumstances since the entry of the original decree of dissolution and thereby awarding Mark custody of the parties' minor children. However, Tina does not argue this assigned error in her brief. Errors that are assigned but not argued will not be addressed by an appellate court. Caruso v. Parkos, 262 Neb. 961, 637 N.W.2d 351 (2002). Given our conclusion above, we need not consider this assignment of error further.
CONCLUSION
We conclude that the district court erred in not making a record of the in camera hearing with the parties' children, and accordingly, we reverse, and remand for a new evidentiary hearing. Given that result, we need not consider Tina's second assignment of error further.
Reversed and remanded for further proceedings.
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