Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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Koch v. Koch, 226 Neb. 305, 312, 411 N.W.2d 319, 323 (1987)<br />
“Indispensable parties to a suit are those who not only have an interest in the<br />
subject matter of the controversy, but also have an interest of such a nature that a<br />
final decree cannot be made without affecting their interests, or leaving the<br />
controversy in such a condition that its final determination may be wholly<br />
inconsistent with equity and good conscience. . . .” Cited in Helter v. Williamson,<br />
239 Neb. 741, 478 N.W.2d 6 (1991)<br />
Meadows v. Meadows, 18 Neb. App. 333, 789 N.W.2d 519 (2010)<br />
Facts: Mom appealed district court ruling that it was “not an inconvenient forum” to hear dad’s<br />
modification action. Court of Appeals dismissed for lack of an appealable order.<br />
§ 25-1902 provides that a party may appeal from a court’s order only if the decision<br />
is a final, appealable order. Under § 25-1902, an order is final for purposes of an<br />
appeal if it affects a substantial right and (1) determines the action and prevents a<br />
judgment, (2) is made during a special proceeding, or (3) is made on summary<br />
application in an action after judgment is rendered.<br />
overruling a motion to decline jurisdiction under § 43-1244 on the ground of<br />
inconvenient forum does not affect a substantial right and is not a final, appealable<br />
order,<br />
Parker v. Parker, 10 Neb. App. 658, 636 N.W.2d 385 (2001)<br />
Helpful hints on styling your court orders. At least one of our judges is a stickler about these<br />
sorts of things. Also note the law generally precludes a trial court from only partially rendering<br />
judgment on the pleadings. Anything less than a final determination of all pending issues is not<br />
an appealable order.<br />
It has long been the rule that a “finding” by a trial court is not a final, appealable<br />
order. An appellate court is without jurisdiction to entertain appeals from nonfinal<br />
orders.<br />
A court order is generally not appealable unless all of the claims of the plaintiff and<br />
intervenor are viewed as adjudicated.<br />
See § 25-1315 (Cum. Supp. 2006) for the express rule governing exceptions to this general rule (it<br />
only applies when there are more than 2 parties OR multiple claims for relief). Trial court orders<br />
not resolving all claims against all parties are always subject to revision at any time before the<br />
entry of judgment adjudicating all the claims and the rights and liabilities of all the parties, thus,<br />
they are not appealable.<br />
In equity cases trial judges should include at the end of any final order a phrase<br />
to the effect that “any request for relief by any party not specifically granted by this<br />
order is denied.”<br />
We suggest that trial courts discontinue the practice of stating findings and then<br />
ending the journal with the phrase “It is so ordered.” This phrase adds nothing to the<br />
journal, because a finding by a court does not clearly mean the court intends to<br />
award the relief someone might conclude is necessary.<br />
Perkins v. Perkins, 198 Neb. 401, 253 N.W.2d 42 (1977)<br />
A court may make changes in a divorce decree after term of court to cover children<br />
conceived during marriage but born after the divorce.<br />
State v. Barranco, 278 Neb. 165, 769 N.W.2d 343 (2009)<br />
Yeah, you learned this in high school. But some trial judges seem to forget it. Now you can<br />
specifically cite this dicta back to them. Maybe it will help.<br />
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