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In re Artamis G.

Court of Appeals of Nebraska

April 16, 2019

IN RE INTEREST OF ARTAMIS G. ET AL., CHILDREN UNDER 18 YEARS OF AGE. State of Nebraska, appellee,
v.
Krysta G., APPELLEE, AND AUBURNE G, APPELLANT.

         1. Interventions. Whether a party has the right to intervene in a proceeding is a question of law.

         2. Judgments: Appeal and Error. When reviewing questions of law, an appellate court has an obligation to resolve the questions independently of the conclusions reached by the trial court.

         3. Interventions. As a prerequisite to intervention under Neb. Rev. Stat. § 25-328 (Reissue 2016), the intervenor must have a direct and legal interest of such character that the intervenor will lose or gain by the direct operation and legal effect of the judgment which may be rendered by the action.

         4. ___ . An indirect, remote, or conjectural interest in the result of a suit is not enough to establish intervention as a matter of right.

         5. Interventions: Final Orders. The denial of a motion to intervene is a final, appealable order.

         6. Parental Rights: Interventions. Grandparents have a sufficient legal interest in dependency proceedings involving their biological or adopted minor grandchildren to entitle them to intervene in such proceedings prior to final disposition.

         7. Statutes: Presumptions: States. Where the applicable law of a sister state is not presented to a Nebraska court, it is presumed to be the same as the law of Nebraska.

          Appeal from the Separate Juvenile Court of Douglas County: Douglas F. Johnson, Judge. Affirmed.

         [27 Neb.App. 136] Andrea Finegan McChesney, of McChesney & Farrell Law Offices, for appellant.

          No appearance for appellee.

          Anne E. Troia, P.C., L.L.O., guardian ad litem.

          Riedmann, Bishop, and Welch, Judges.

          ...


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