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In re Danaisha W.

Supreme Court of Nebraska

December 13, 2013

In re Interest of Danaisha W. et al., children under 18 years of age.
v.
Dennisca W., appellant. State of Nebraska, appellee

Page 534

Appeal from the Separate Juvenile Court of Lancaster County: LINDA S. PORTER, Judge. Appeal dismissed.

Hazell G. Rodriguez, of Legal Aid of Nebraska, for appellant.

Joe Kelly, Lancaster County Attorney, and Carolyn C. Bosn for appellee.

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

Syllabus by the Court

1. Juvenile Courts: Appeal and Error. An appellate court reviews juvenile cases de novo on the record and reaches its conclusions independently of the juvenile court's findings.

2. 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.

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.

[287 Neb. 28] 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 court from which the appeal is taken.

5. Final Orders: Appeal and Error. Among the three types of final orders which may be reviewed on appeal is an order that affects a substantial right made during a special proceeding.

6. Juvenile Courts: Appeal and Error. A proceeding before a juvenile court is a special proceeding for appellate purposes.

7. Child Custody: Visitation: Final Orders: Appeal and Error. Orders which temporarily suspend a parent's custody and visitation rights do not affect a substantial right and are therefore not appealable.

8. Juvenile Courts: Parental Rights: Parent and Child: Time: Final Orders. Whether a substantial right of a parent has been affected by an order in juvenile court litigation is dependent upon both the object of the order and the length of time over which the parent's ...


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