In re Interest of Zachary B., a child under 18 years of age.
Zachary B., appellant. State of Nebraska, appellee.
Jurisdiction: Appeal and Error. A
jurisdictional question which does not involve a factual
dispute is determined by an appellate court as a matter of
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.
Final Orders: Appeal and Error. Under Neb.
Rev. Stat. § 25-1902 (Reissue 2016), the three types of
final orders which may be reviewed on appeal are (1) an order
which affects a substantial right and which determines the
action and prevents a judgment, (2) an order affecting a
substantial right made during a special proceeding, and (3)
an order affecting a substantial right made on summary
application in an action after judgment is rendered.
Final Orders: Words and Phrases. A
substantial right is an essential legal right, not a mere
Constitutional Law: Minors. Nebraska law as
reflected in Neb. Rev. Stat. § 43-251.01(7) (Reissue
2016) recognizes that a juvenile has an essential legal
right, and therefore a substantial right, to remain in his or
Final Orders: Appeal and Error. In analyzing
whether a substantial right was affected by a court order, it
is not enough that the right itself be substantial, the
effect of the order on that right must also be substantial.
Neb. 188] 7. Final Orders. Whether the
effect of an order is substantial depends on whether it
affects with finality the rights of the parties in the
Final Orders: Minors: Appeal and Error.
Orders which temporarily suspend a juvenile's right to
stay in the home for a brief period of time and do not
purport to determine the juvenile's placement with
finality do not affect a substantial right and are therefore
from the Separate Juvenile Court of Lancaster County: Reggie
L. Ryder, Judge. Appeal dismissed.
Nigro, Lancaster County Public Defender, and Sarah Safarik
Kelly, Lancaster County Attorney, and Margeaux K. Fox for
Heavican, C.J., Miller-Lerman, Cassel, Stacy, Kelch, and