Jurisdiction: Appeal and Error. A
jurisdictional question which does not involve a factual
dispute is determined by an appellate court as a matter of
Jurisdiction: Service of Process: Waiver.
Proper service, or a waiver by voluntary appearance, is
necessary to acquire personal jurisdiction over a defendant.
Jurisdiction: Service of Process. Where a
party serves by publication but fails to comply with Neb.
Rev. Stat. § 25-520.01 (Reissue 2016), the district
court lacks personal jurisdiction over the defendant.
Judgments: Jurisdiction. A judgment entered
without personal jurisdiction is void.
Judgments: Final Orders: Jurisdiction: Appeal and
Error. A void order is a nullity which cannot
constitute a judgment or final order that confers appellate
jurisdiction on this court.
Judgments: Jurisdiction: Appeal and Error.
An appellate court has the power to determine whether it
lacks jurisdiction over an appeal because the lower court
lacked jurisdiction to enter the order; to vacate a void
order; and, if necessary, to remand the cause with
from the District Court for Douglas County: W. Russell Bowie
V. Chipman, of Monz6n Guerra & Associates, and Dorian E.
Rojas, of Immigrant Legal Center, an affiliate of the Justice
for Our Neighbors Network, for appellant.
appearance for appellee.
Neb. 1046] Heavican, C.J., Miller-Lerman, Cassel, Stacy,
Funke, Papik, and Freudenberg, JJ.
Nebraska statute, Neb. Rev. Stat. § 25-520.01 (Reissue
2016), requires a party providing service by publication to
mail a copy of the published notice to those individuals
having an interest in the action whose name and post office
address are known. The same statute requires the party
serving by publication to file an affidavit stating that the
party and his or her attorney, "after diligent
investigation and inquiry," were unable to ascertain and
do not know the address of any parties having an interest who
were not mailed a copy of the published notice. In this case,
Eulalia Miguel Francisco (Eulalia) sought paternity and
custody determinations concerning two children. The district
court made such determinations concerning one child, but
declined to do so with respect to the other child, because it
found that Eulalia failed to comply with § 25-520.01. On
appeal, we find that Eulalia did not comply with §
25-520.01 and that thus, the district court lacked
jurisdiction to enter any of the relief sought. As a result,
we vacate the district court's orders and dismiss the
brought this action against Sergio Remigio De Leon Gonzalez
(Sergio). In Eulalia's complaint, she alleged that Sergio
was the father of both of her children: Christopher Darinel
De Leon Miguel, born in 2010, and Yamileth Lizbeth De Leon
Miguel, born in 2016. She asked that Sergio be declared ...