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In re Kodi L.

Supreme Court of Nebraska

December 13, 2013

In re Interest of Kodi L., a child under 18 years of age.
v.
Michael L., appellant. State of Nebraska, appellee,

Page 539

[Copyrighted Material Omitted]

Page 540

Appeal from the County Court for Madison County: ROSS A. STOFFER, Judge. Affirmed.

Joel E. Carlson, of Stratton, DeLay, Doele, Carlson & Buettner, P.C., L.L.O., for appellant.

Gail E. Collins, Deputy Madison County Attorney, for appellee.

Bradley C. Easland, of Morland, Easland & Lohrberg, P.C., guardian ad litem.

Wright, Connolly, Stephan, McCormack, Miller-Lerman, and Cassel, 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. Paternity. The proper legal effect of a signed, unchallenged acknowledgment of paternity is a finding that the individual who signed as the father is in fact the legal father.

3. Paternity. An acknowledgment of paternity can be challenged on the basis of fraud, duress, or material mistake of fact.

4. Appeal and Error. In order to be considered by an appellate court, an alleged error must be both specifically assigned and specifically argued in the brief of the party asserting the error.

5. Appeal and Error. Errors assigned but not argued will not be addressed on appeal.

6. Appeal and Error. An issue not presented to or passed on by the trial court is not appropriate ...


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