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.

Simms v. Friel

Supreme Court of Nebraska

January 11, 2019

Karen Simms, Biological Grandmother and NEXT FRIEND OF MEGAN MARIE FRIEL ET AL., minor children, appellee,
v.
Jeffrey Allen Friel, appellant.

         1. 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.

         2. Jurisdiction: Final Orders: Appeal and Error. For an appellate court to acquire jurisdiction of an appeal, there must be a final order or final judgment entered by the court from which the appeal is taken.

         3. 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 special proceeding.

         4. _:. An order affects a substantial right when the right would be significantly undermined or irrevocably lost by postponing appellate review.

          Petition for further review from the Court of Appeals. Moore, Chief Judge, and Riedmann, Judge, and Inbody, Judge, Retired, on appeal thereto from the District Court for Sarpy County, Stefanie A. Martinez, County Judge. Judgment of Court of Appeals affirmed.

          Jeffrey A. Wagner, of Schirber & Wagner, L.L.R, for appellant.

          Aimee S. Melton, of Reagan, Melton & Delaney, L.L.R, for appellee.

         [302 Neb. 2]Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, Papik, and Freudenberg, JJ.

          Papik, J.

         After the district court granted temporary visitation of his minor children to the children's maternal grandmother, Karen Simms, Jeffrey Allen Friel appealed. Friel contended that the district court lacked the authority to make a temporary order. The Nebraska Court of Appeals determined that the temporary visitation order was a final, appealable order, but that the appeal was moot because the order had expired by its terms. See Simms v. Friel, 25 Neb.App. 640, 911 N.W.2d 636 (2018). The Court of Appeals nonetheless examined the merits of Friel's claims under the public interest exception to the mootness doctrine and found that district courts do have authority to issue temporary orders allowing visitation during the pendency of grandparent visitation proceedings. On further review, we conclude that the order for temporary grandparent visitation was not a final, appealable order. Therefore, although we disagree with the Court of Appeals' conclusion that it had jurisdiction over the case, we affirm its dismissal of the appeal.

         BACKGROUND

         District Court.

         Simms, the maternal grandmother of Friel's three minor children, filed a petition for grandparent visitation under Neb. Rev. Stat. § 43-1802 (Reissue 2016). Simms alleged that since her daughter, the mother of the children, had died, Friel had refused to allow Simms to see her grandchildren. Simms alleged that it would be in the best interests of Friel's children for Simms to be granted grandparent visitation rights. Friel denied, among other things, that it would be in the best interests of the children to have grandparent visitation and asked that the petition be dismissed.

         After an attempt to resolve the matter through mediation failed, Simms made an oral motion for "some temporary[302 Neb. 3] visitation." Her counsel argued that temporary visitation was warranted, because several months had passed since the action was filed and various holidays were approaching. The district court heard arguments ...


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.