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In re Zachary B.

Supreme Court of Nebraska

March 2, 2018

In re Interest of Zachary B., a child under 18 years of age.
v.
Zachary B., appellant. State of Nebraska, appellee.

         1. 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.

         2. 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.

         3. 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.

         4. Final Orders: Words and Phrases. A substantial right is an essential legal right, not a mere technical right.

         5. 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 her home.

         6. 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.

         [299 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 subject matter.

         8. 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 not appealable.

         Appeal from the Separate Juvenile Court of Lancaster County: Reggie L. Ryder, Judge. Appeal dismissed.

          Joe Nigro, Lancaster County Public Defender, and Sarah Safarik for appellant.

          Joe Kelly, Lancaster County Attorney, and Margeaux K. Fox for appellee.

          Heavican, C.J., Miller-Lerman, Cassel, Stacy, Kelch, and Funke, JJ.

          MILLER-LERMAN, J.

         NATURE ...


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