Child Support Enforcement - Sarpy County Nebraska

Once a decree for dissolution becomes final, its meaning is determined as a matter
of law from the four corners of the decree itself.
If the contents of a dissolution decree are unambiguous, the decree is not subject to
interpretation and construction, and the intention of the parties must be determined
from the contents of the decree. The effect of such a decree must be declared in the
light of the literal meaning of the language used.
Holling v. Holling, 16 Neb. App. 394, 744 N.W.2d 479 (2008)
Neb. Rev. Stat. § 25-601 (Reissue 1995) governs dismissals without prejudice. It
provides as follows: An action may be dismissed without prejudice to a future action
(1) by the plaintiff, before the final submission of the case to the jury, or to the court
where the trial is by the court; (2) by the court where the plaintiff fails to appear at
the trial; (3) by the court for want of necessary parties; (4) by the court on the
application of some of the defendants where there are others whom the plaintiff fails
to diligently prosecute; (5) by the court for disobedience by the plaintiff of an order
concerning the proceedings in the action. In all other cases on the trial of the
action the decision must be upon the merits.
§ 25-601 is unambiguous in its terms. After submission, a trial court has no authority
to dismiss a case without prejudice on the basis that a plaintiff has failed to produce
sufficient evidence to sustain his or her claims.
In re Interest of C.K., L.K., and G.K., 240 Neb. At 709, 484 N.W.2d 68 (1992)
Papers requested to be noticed must be marked, identified, and made a part of the
record. Testimony must be transcribed, properly certified, marked and made a part
of the record. Trial court’s ruling in the termination proceeding should state and
describe what it is the court is judicially noticing. Otherwise, a meaningful review is
impossible. [See also State v. Norwood, 203 Neb. 201, 277 N.W.2d 709 (1979), on
next page of outline]
Johnson v. Johnson, 282 Neb. 42, 803 N.W.2d 420 (2011)
A judgment entered without personal jurisdiction is void.
a void judgment may be attacked at any time in any proceeding.
We will reverse a decision on a motion to vacate only if the litigant shows that the
district court abused its discretion.
a voluntary appearance signed the day before the petition is filed waives service of
process if filed simultaneously with or after the petition. See § 25-516.01(1)
Kilgore v. Nebraska Dept. of Health & Human Servs., 277 Neb. 456, 763 N.W.2d 77
(2009)
An award of costs in a judgment is considered a part of the judgment. As such, a
judgment does not become final and appealable until the trial court has ruled upon a
pending statutory request for attorney fees.
To be appealable, an order must satisfy the final order requirements of Neb. Rev.
Stat. § 25-1902
The mere oral announcement of a judgment without an entry on the trial docket is
not the rendition of a judgment.
For a final judgment to exist, there must be an order that is both signed by the
court and filed stamped and dated by the clerk of the court.
- 26 -