In re Interest of Maximus B., a child under 18 years of age. State of Nebraska, appellant.
Maximus B., appellee.
Judgments: Jurisdiction: Appeal and Error.
Determination of a jurisdictional issue which does not
involve a factual dispute is a matter of law which requires
an appellate court to reach its conclusions independent from
a trial court.
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.
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.
Juvenile Courts: Final Orders: Appeal and
Error. A proceeding before a juvenile court is a
"special proceeding" for appellate purposes.
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. It is not enough that the
right itself be substantial; the effect of the order on that
right must also be substantial.
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.
Neb. 366] 7. Juvenile Courts: Minors. The
substantial right of the State in a juvenile proceeding is
derived from its parens patriae interest, and the State has a
right to protect the welfare of its resident children.
from the Separate Juvenile Court of Douglas County: Douglas
F. Johnson, Judge.
W. Kleine, Douglas County Attorney, Elizabeth McClelland,
Mark P. Hanna, and Joseph Fabian, Senior Certified Law
Student, for appellant.
appearance for appellee.
Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, Papik,
and Freudenberg, JJ.
State of Nebraska appeals the order of the separate juvenile
court of Douglas County which vacated a previous adjudication
order based on acceptance of a "plea of no contest"
to allegations made by the State against Maximus B. in an
amended petition filed under Neb. Rev. Stat. § 43-247
(Reissue 2016). Specifically, the juvenile court determined
that a "plea of no contest" is not a permitted
answer under Neb. Rev. Stat. § 43-279 (Reissue 2016),
where the petition alleges that the child is a juvenile
violator under § 43-247. We conclude that the juvenile
court's order which vacated its previous order of