In re Guardianship of Aimee S., an incapacitated AND PROTECTED PERSON.
Susanne Dempsey-Cook, successor guardian, Appellee and Cross-Appellant, Deborah S., Appellant and Cross-Appellee, and Kelly Henry Turner, Guardian ad Litem, Appellee.
Standing: Jurisdiction. Standing requires that a litigant
have such a personal stake in the outcome of a controversy as
to warrant invocation of a court's jurisdiction and
justify exercise of the court's remedial powers on the
litigant's behalf. The defect of standing is a defect of
subject matter jurisdiction.
Judgments: Jurisdiction. A jurisdictional question that does
not involve a factual dispute presents a question of law.
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.
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.
Final Orders: Appeal and Error. Under Neb. Rev. Stat. §
25-1902 (Reissue 2008), the three types of final orders that
an appellate court may review are (1) an order that affects a
substantial right and that determines the action and prevents
a judgment, (2) an order that affects a substantial right
made during a special proceeding, and (3) an order that
affects a substantial right made on summary application in an
action after a judgment is rendered.
___. Pursuant to Neb. Rev. Stat. § 25-1902 (Reissue
2008), a final, appealable order must affect a substantial
Neb.App. 231] 7. Final Orders: Words and Phrases. A
substantial right is an essential legal right, not merely a
Final Orders: Appeal and Error. A substantial right is
affected if an order affects the subject matter of the
litigation, such as diminishing a claim or defense that was
available to an appellant before the order from which an
appeal is taken.
Actions: Jurisdiction. Lack of subject matter jurisdiction
may be raised at any time by any party or by the court sua
Guardians and Conservators: Parental Rights. A parent of an
incapacitated adult does not have the same rights as a parent
of an incapacitated minor.
from the County Court for Douglas County: Susan Bazis, Judge.
M. Kuhn, of Brent Kuhn Law, for appellant.
Barbara J. Prince for appellee Susanne Dempsey-Cook.
M. Walker, Sarah F. Macdissi, and Catherine E. French, of
Lamson, Dugan & Murray, L.L.P., for ...