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Furstenfeld v. Pepin

Supreme Court of Nebraska

December 13, 2013

Justin S. Furstenfeld, appellant,
v.
Lisa B. Pepin, appellee.

Page 863

Appeal from the District Court for Lancaster County: JOHN A. COLBORN, Judge. Appeal dismissed.

Matt Catlett for appellant.

Terrance A. Poppe and Benjamin D. Kramer, of Morrow, Poppe, Watermeier & Lonowski, P.C., L.L.O., for appellee.

Heavican, C.J., Wright, Connolly, Stephan, McCormack, Miller-Lerman, and Cassel, JJ.

Syllabus by the Court

1. Judgments: Jurisdiction: Appeal and Error. A jurisdictional question which does not involve a factual dispute is determined by an appellate court as a matter of law, which requires the appellate court to reach a conclusion independent of the lower court's decision.

Page 864

2. Jurisdiction: Appeal and Error. 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, irrespective of whether the issue is raised by the parties.

3. 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.

4. 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.

5. Actions: Statutes. " Special proceedings" include civil statutory remedies not encompassed in chapter 25 of the Nebraska Revised Statutes.

6. Actions: Modification of Decree: Child Custody. Proceedings regarding modification of a marital dissolution, which are controlled by Neb.Rev.Stat. § 42-364 (Cum.Supp.2012), are special proceedings, as are custody determinations, which are also controlled by § 42-364.

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

8. Final Orders: Appeal and Error. A substantial right is affected if the order affects the subject matter of the litigation, such as diminishing a claim or defense [287 Neb. 13] that was available to an ...


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