Karen Simms, Biological Grandmother and NEXT FRIEND OF MEGAN MARIE FRIEL ET AL., minor children, Appellee,
Jeffrey Allen Friel, Appellant.
Visitation: Appeal and Error. Determinations
concerning grandparent visitation are initially entrusted to
the discretion of the trial judge, whose determinations, on
appeal, will be reviewed de novo on the record and affirmed
in the absence of abuse of the trial judge's discretion.
Judges: Words and Phrases. A judicial abuse
of discretion exists when a judge, within the effective
limits of authorized judicial power, elects to act or refrain
from action, but the selected option results in a decision
which is untenable and unfairly deprives a litigant of a
substantial right or a just result in matters submitted for
disposition through the judicial system.
Judgments: Jurisdiction: Appeal and Error. A
jurisdictional question that does not involve a factual
dispute is determined by an appellate court as a matter of
law, which requires the appellate court to reach a conclusion
independent of the lower court's decision.
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 over the matter before it.
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. Among the
three types of final orders which may be reviewed on appeal
is an order that affects a substantial right made during a
Juvenile Courts: Parental Rights: Parent and Child:
Time: Final Orders. Whether a substantial right of a
parent has been affected by an order in juvenile court
litigation is dependent upon both the object [25 Neb.App.
641] of the order and the length of time over which the
parent's relationship with the juvenile may reasonably be
expected to be disturbed.
Moot Question: Jurisdiction: Appeal and
Error. Mootness does not prevent appellate
jurisdiction. But, because mootness is a justiciability
doctrine that operates to prevent courts from exercising
jurisdiction, appellate courts review mootness determinations
under the same standard of review as other jurisdictional
Moot Question. A case becomes moot when the
issues initially presented in litigation cease to exist or
the litigants lack a legally cognizable interest in the
outcome of the litigation.
Moot Question: Words and Phrases. A moot
case is one which seeks to determine a question which does
not rest upon existing facts or rights, in which the issues
presented are no longer alive.
Moot Question. As a general rule, a moot
case is subject to summary dismissal.
Moot Question: Appeal and Error. An
appellate court may choose to review an otherwise moot case
under the public interest exception if it involves a matter
affecting the public interest or when other rights or
liabilities may be affected by its determination.
___: ___. When determining whether a case involves a matter
of public interest, an appellate court considers the public
or private nature of the question presented, the desirability
of an authoritative adjudication for future guidance of
public officials, and the likelihood of future recurrence of
the same or similar problem.
Courts: Visitation. A district court has
inherent authority to issue a temporary order allowing
visitation during the pendency of a proceeding for
___: ___.A district court must make specific findings as set
forth in Neb. Rev. Stat. § 43-1802(2) (Reissue 2016)
before granting grandparent visitation.
from the District Court for Sarpy County: Stefanie A.
Martinez, County Judge. Appeal dismissed.
Jeffrey A. Wagner, of Schirber & Wagner, L.L.P., for
S. Melton, of Reagan, Melton & Delaney, ...