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.
Statutes: Appeal and Error. Statutory interpretation presents
a question of law, for which an appellate court has an
obligation to reach an independent conclusion irrespective of
the decision made by the court below.
Administrative Law: Judgments: Appeal and Error. A judgment
or final order rendered by a district court in a judicial
review pursuant to the Administrative Procedure Act may be
reversed, vacated, or modified by an appellate court for
errors appearing on the record.
___:___: ___. When reviewing an order of a district court
under the Administrative Procedure Act for errors appearing
on the record, the inquiry is whether the decision conforms
to the law, is supported by competent evidence, and is
neither arbitrary, capricious, nor unreasonable.
Jurisdiction: Appeal and Error. Before reaching the legal
issues presented for review, it is the power and 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.
Jurisdiction: Service of Process: Parties. The voluntary
appearance of a party is equivalent to service of process for
purposes of personal jurisdiction.
Jurisdiction: Words and Phrases. Personal jurisdiction is the
power of a tribunal to subject and bind a particular entity
to its decisions.
___:___. Subject matter jurisdiction is the power of a
tribunal to hear and determine a case in the general class or
category to which the proceedings in question belong and to
deal with the general subject matter involved.
Neb. 348] 9. Jurisdiction. Parties cannot confer subject
matter jurisdiction upon a judicial tribunal by either
acquiescence or consent, nor may subject matter jurisdiction
be created by waiver, estoppel, consent, or conduct of the
Actions: Jurisdiction. Lack of subject matter jurisdiction
may be raised at any time by any party or by the court sua
___: ___.A court action taken without subject matter
jurisdiction is void.
Statutes: Legislature: Intent. In construing a statute, a
court must determine and give effect to the purpose and
intent of the Legislature as ascertained from the entire
language of the statute considered in its plain, ordinary,
and popular sense.
Appeal and Error. The right of appeal in Nebraska is purely
Statutes: Appeal and Error. Unless a statute provides for an
appeal from the decision of a quasi-judicial tribunal, such
right does not exist.
Jurisdiction: Statutes: Appeal and Error. The requirements of
a statute underlying a right to appeal are mandatory and must
be complied with before the appellate court acquires
jurisdiction of the subject matter of the action.
Actions: Jurisdiction: Appeal and Error. Where a district
court has statutory authority to review an action, the
district court may acquire jurisdiction only if the review is
sought in the mode and manner and within the time provided by
Administrative Law: Schools and School Districts: Appeal and
Error. Appeals from the district court under the Student
Discipline Act are governed by the Administrative Procedure
Administrative Law: Jurisdiction: Appeal and Error. The
filing of the petition and the service of summons are the two
actions necessary to establish the jurisdiction of the
district court to review the final decision of an
administrative agency under the Administrative Procedure Act.
from the District Court for Hall County: Teresa K. Luther,
Judge. Appeal dismissed.
Mitchell C. Stehlik, of Lauritsen, Brownell, Brostrom &
Stehlik, PC, L.L.O., for appellant.
Jeanelle R. Lust and Paul B. Donahue, of Knudsen, Berkheimer,
Richardson & Endacott, L.L.P., for appellee.
Neb. 349] Heavican, C.J., Wright, Miller-Lerman, Cassel,
Stacy. Kelch, and Funke, JJ.
case concerns a 15-day suspension of a student for a post
made on a social media website from her home that, in part,
caused a substantial disruption at her school. The
superintendent and the school board each upheld the
suspension. On appeal under the Student Discipline Act, Neb.
Rev. Stat. § 79-254 et seq. (Reissue 2014), the Hall
County District Court ...