Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Ezra C.

Court of Appeals of Nebraska

March 6, 2018

In re Interest of Ezra C, a child UNDER 18 YEARS OF AGE.
v.
Stephanie K. and Kenneth K., appellees, State of Nebraska, appellee, and Nebraska Department of Health and Human Services, appellant.

         1. Judgments: Jurisdiction. A jurisdictional issue that does not involve a factual dispute presents a question of law.

         2. Juvenile Courts: Appeal and Error. An appellate court reviews juvenile cases de novo on the record and reaches its conclusions independently of the juvenile court's findings.

         3. Final Orders: Appeal and Error. Under Neb. Rev. Stat. § 25-1902 (Reissue 2016), there are three types of final orders which may be reviewed on appeal: (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. Juvenile Courts: Appeal and Error. A proceeding before a juvenile court is a special proceeding for appellate purposes.

         5. Final Orders: Appeal and Error. Numerous factors determine when an order affects a substantial right for purposes of appeal. Broadly, these factors relate to the importance of the right and the importance of the effect on the right by the order at issue.

         6. 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.

         7. Juvenile Courts: Minors. The State's right in juvenile proceedings is derived from its parens patriae interest, and it is pursuant to that interest that the State has enacted the Nebraska Juvenile Code.

          8. ___:___. [25 Neb.App. 589] The State's right is especially prominent in juvenile adjudications, because the purpose of the adjudication phase of a juvenile proceeding is to protect the interests of the child.

         9. ____:___. Once a child is adjudicated, the State's interest in protecting the child becomes greater and more necessary. 10. Juvenile Courts: Jurisdiction: Appeal and Error. An appellate court is without jurisdiction on appeal when a juvenile court's order does not constitute an adjudicative or dispositive action in the proceedings as no substantial right has been affected.

         11. Juvenile Courts: Judgments: Appeal and Error. An order in juvenile proceedings denying a motion for a psychosexual evaluation is not a final, appealable order, because it does not involve a substantial right of the State.

         12. Juvenile Courts: Child Custody: Appeal and Error. Allowing an interlocutory appeal promotes significant delay in the juvenile proceedings and the ultimate resolution of custody.

         13. Juvenile Courts: Appeal and Error. Generally, delaying juvenile proceedings to grant interlocutory appeals is antagonistic to the child's best interests.

         Appeal from the County Court for Cheyenne County: Paul G. Wess, Judge. Appeal dismissed.

          Neleigh N. Boyer, Special Assistant Attorney General, of Nebraska Department of Health and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.