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In re Mya C.

Court of Appeals of Nebraska

June 25, 2013

In re Interest of Mya C. and Sunday C, CHILDREN UNDER 18 YEARS OF AGE.
v.
Nyamal M, appellant State of Nebraska, appellee,

1. Juvenile Courts: Appeal and Error. Juvenile cases are reviewed de novo on the record, and an appellate court is required to reach a conclusion independent of the juvenile court's findings.

2. Judgments: Jurisdiction: Appeal and Error. When a jurisdictional question does not involve a factual dispute, its determination is a matter of law, which requires an appellate court to reach a conclusion independent from the decisions made by the lower courts.

3. Juvenile Courts: Jurisdiction: Appeal and Error. In a juvenile case, as in any other appeal, before reaching the legal issues presented for review, it is the duty of an appellate court to determine whether it has jurisdiction over the matter before it.

4. Jurisdiction: Final Orders: Appeal and Error. For an appellate court to acquire jurisdiction of an appeal, there must be a final order entered by the tribunal from which the appeal is taken.

5. Final Orders: Appeal and Error. The three types of final orders which may be reviewed on appeal are (1) an order which affects a substantial right and which determines the action and prevents a judgment, (2) an order affecting a substantial right made during a special proceeding, and (3) an order affecting a substantial right made on summary application in an action after judgment is rendered.

6. Juvenile Courts: Final Orders. Juvenile court proceedings are special proceedings.

7. Final Orders: Words and Phrases. A substantial right is an essential legal right, not a mere technical right.

8. Juvenile Courts: Final Orders: Constitutional Law: Parental Rights. The substantial right of a parent in juvenile proceedings is a parent's fundamental, constitutional right to raise his or her child.

9. Juvenile Courts: Words and Phrases. The State's right in juvenile cases is derived from its parens patriae interest in the proceedings. This means, in essence, that the State has a right to protect the welfare of its resident children.

10. Juvenile Courts: Final Orders: Parental Rights. Whether a substantial right of a parent has been affected by an order entered in a juvenile proceeding is dependent upon both the object of the order and the length of time over which the parent's relationship with the juvenile may reasonably be expected to be disturbed by the order.

11. Juvenile Courts: Final Orders: Appeal and Error. In juvenile cases, where an order from a juvenile court is already in place and a subsequent order merely extends the time for which the previous order is applicable, the subsequent order by itself does not affect a substantial right and does not extend the time in which the original order may be appealed.

[20 Neb.App. 917] 12. ___: ___: ___. A dispositional order which merely continues a previous determination of the juvenile court is not an appealable order.

Appeal from the Separate Juvenile Court of Lancaster County: Reggie L. Ryder, Judge.

Matt Catlett for appellant.

Joe Kelly, Lancaster County Attorney, and Daniel J. Zieg for ...


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