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: 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
Jurisdiction: Judgments: Words and Phrases: Appeal
and Error. For purposes of appellate jurisdiction, a
judgment is the final determination of the rights of the
parties in an action.
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
affecting a substantial right in an action that, in effect,
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 a judgment is
Final Orders. Substantial rights under Neb.
Rev. Stat. § 25-1902 (Reissue 2016) include those legal
rights that a party is entitled to enforce or defend.
Probation and Parole: Appeal and Error.
Claim-specific standards of review apply to an appeal of an
order refusing to modify or eliminate a probation condition.
from the District Court for Dawson County: James E. Doyle IV,
Christopher Ferdico and Erik W. Fern, of Berry Law Firm, for
Neb. 22] Douglas J. Peterson, Attorney General, and Siobhan
E. Duffy for appellee.
Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, Papik,
and Freudenberg, JJ.
months after the district court for Dawson County sentenced
him to probation and imposed various terms thereof, Larry
Paulsen filed a motion to modify one of those terms relating
to possession of firearms. The district court denied the
motion, and Paulsen has appealed. We conclude that the
district court did not err in denying Paulsen's motion
and therefore affirm.
conviction in this case arose out of the district court's
acceptance of his plea of guilty to driving under the
influence, second offense. The district court set forth its
sentence in a journal entry filed on January 16, 2018, in
which it stated that it was sentencing Paulsen to jail for 30
days and probation for 24 months "under the terms and
conditions set by the Court." The district court also
revoked Paulsen's driver's license for 18 months and
ordered him to pay a $1, 000 fine. The district court later
entered an order setting forth various conditions to which
Paulsen would be subject during his 24 months of probation.
One of the conditions states that Paulsen shall not
"have nor associate with anyone who has possession of
firearms, ammunition, or illegal weapons."
did not appeal his conviction or sentence.
to Modify ...