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.
Jurisdiction: Time: Notice: Appeal and
Error. Under Neb. Rev. Stat. § 25-1912 (Cum.
Supp. 2018), to vest an appellate court with jurisdiction, a
party must timely file a notice of appeal.
Jurisdiction: Words and Phrases. Subject
matter jurisdiction is the power of a tribunal to hear and
determine a case in the general class or category to which
the proceedings in question belong and to deal with the
general subject matter involved.
from the District Court for Scotts Bluff County: Leo P.
Dobrovolny, Judge. Appeal dismissed.
Daniel Reynaga, of Legal Aid of Nebraska, for appellant.
appearance for appellee.
Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, Papik,
and Freudenberg, JJ.
the district court dismissed Aubrie Green's petition for
renewal of a domestic abuse protection order, Green filed a
motion asking the court to vacate the order of dismissal. The
court denied that motion, and Green filed this appeal. Green
[304 Neb. 213] acknowledges that because her notice of appeal
was filed more than 30 days after the initial order
dismissing the petition and because her motion to vacate did
not extend or suspend the statutory deadline for filing an
appeal, she did not timely appeal the order dismissing her
petition. Green maintains, however, that we have jurisdiction
to review the order denying her motion to vacate.
disagree. While an order denying a motion to vacate or modify
is appealable if it is based on grounds that make it
independently final and appealable, Green's motion to
vacate merely contended that the order she sought to vacate
was erroneous. Because we do not have jurisdiction to review
the denial of such a motion, we must dismiss the appeal.
Domestic Abuse Protection Order and Request to Renew.
August 31, 2017, Green filed a petition and affidavit
requesting a domestic abuse protection order against Bryce
Seiffert, the father of her minor child. In the petition and
affidavit, Green alleged that Seiffert had abused her
physically. The following day, the district court entered an
ex parte protection order. Seiffert later challenged the
protection order, but, after a hearing, the district court
ordered that the protection order should remain in effect for
1 year from the date of its original issuance.
August 31, 2018, when the original protection order was about
to expire, Green filed a petition and affidavit to renew it
pursuant to Neb. Rev. Stat. § 42-924 (Reissue 2016),
which the Legislature has subsequently amended. See 2019 Neb.
Laws, L.B. 532, § 3 (changes operative January 1, 2020).
Green was not represented by counsel when she requested
renewal, and the petition and affidavit are relatively
sparse. Green stated the following as the reasons for seeking
renewal of the protection order: "[Pressuring] full