Child Support Enforcement - Sarpy County Nebraska

This case includes an excellent summary of other similar and dissimilar cases determining
just what constitutes a “final order” for purposes of appeal. See also the Appellate Practice
section of this outline for additional discussion.
There is no more fundamental jurisdictional precept than the doctrine that appeals
can only be taken from final orders.
Citing Huffman v. Huffman, 236 Neb. 101, 459 N.W.2d 215 (1990)…
Generally, when multiple issues are presented to a trial court for simultaneous
disposition in the same proceeding and the court decides some of the issues,
while reserving some issue or issues for later determination, the court’s
determination of less than all the issues is an interlocutory order and is not
a final order for the purpose of an appeal.
The trial’s court attempted 14-day extension of the time in which to appeal was error
as a matter of law and is of no force and effect on the question of whether this court
has appellate jurisdiction.
See also Kilgore v. Nebraska Dept. of Health & Human Servs. And Wagner v.
Wagner, below.
Conaty v. Boelhower, 218 Neb. 193, 352 N.W.2d 619 (1984)
a personal money judgment could not be supported on the basis of substituted
service.
Hagelstein v. Swift-Eckrich, 257 Neb. 312, 597 N.W.2d 394 (1999).
In re Interest of Tabitha J., 5 Neb. App. 609, 561 N.W.2d 252 (1997)
Evidence presented in a prior related hearing is not the proper subject of judicial
notice. Only adjudicative facts are properly the subject of judicial notice.
Helter v. Williamson, 239 Neb. 741, 478 N.W.2d 6 (1991)
Private paternity action filed by boyfriend of married woman, against woman. Her
husband was not named as a party. This proved fatal to the plaintiff’s efforts to be named dad.
[T]he presumption that children born during the marriage are rebuttably deemed to
be legitimate is a tenet of our common law that perseveres for reasons that are as
sound today as they were in the 18 th century. The presumption prevents nonparents
from arriving on the scene, either during or after the marriage, and staking claims,
parental visitation rights, and responsibilities without the knowledge or consent of the
true parent.
the testimony or declaration of a husband or wife is not competent to
bastardize a child.
[As the husband is an indispensible party], notice of a paternity proceeding and
an opportunity to appear must be served upon the husband of the mother of the
child when the child was born into the marriage of the mother and husband,
regardless of whether the mother agrees that the husband is not the biological father
of the minor child.
Hohertz v. Estate of Hohertz, 19 Neb. App. 110, 802 N.W.2d 141 (2011)
The meaning of a decree presents a question of law, in connection with which an
appellate court reaches a conclusion independent of the determination reached by
the court below.
Once a decree for dissolution becomes final, its meaning is determined as a matter
of law from the four corners of the decree itself.
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