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Zimmerman v. Biggs

Court of Appeals of Nebraska

July 1, 2014

FRANCIS M. ZIMMERMAN, APPELLANT,
v.
TIFFANY L. BIGGS, APPELLEE

Page 654

Appeal from the District Court for Douglas County: J. MICHAEL COFFEY, Judge.

Andrew J. Hilger, of Law Office of Andrew J. Hilger, for appellant.

No appearance for appellee.

INBODY, Chief Judge, and IRWIN and BISHOP, Judges.

OPINION

Page 655

[22 Neb.App. 120] Irwin, Judge.

I. INTRODUCTION

Francis M. Zimmerman appeals an order of the district court for Douglas County, Nebraska, holding that the court was without authority to address Zimmerman's request for custody under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). We find that the court erred in declining to exercise jurisdiction over the custody request, and we remand for further proceedings.

II. BACKGROUND

Appellee, Tiffany L. Biggs, has not filed any brief on appeal. Zimmerman asserts that the basic factual background [22 Neb.App. 121] is generally undisputed, and our review of the record from the lower court confirms this suggestion.

The parties are the unwed parents of two sons, both born in Omaha. The older son was born in 2010, and the younger son was born in 2013. The parties had resided together in Omaha at least since the older son's birth.

Biggs appeared pro se at a hearing before the district ...


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