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Child Support Enforcement - Sarpy County Nebraska

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from arriving on the scene, either during or after the marriage, and staking claims,<br />

parental visitation rights, and responsibilities without the knowledge or consent of the<br />

true parent.<br />

the testimony or declaration of a husband or wife is not competent to<br />

bastardize a child.<br />

[As the husband is an indispensible party], notice of a paternity proceeding and<br />

an opportunity to appear must be served upon the husband of the mother of the<br />

child when the child was born into the marriage of the mother and husband,<br />

regardless of whether the mother agrees that the husband is not the biological father<br />

of the minor child.<br />

Hohertz v. Estate of Hohertz, 19 Neb. App. 110, 802 N.W.2d 141 (July 2011)<br />

The meaning of a decree presents a question of law, in connection with which an<br />

appellate court reaches a conclusion independent of the determination reached by<br />

the court below.<br />

Once a decree for dissolution becomes final, its meaning is determined as a matter<br />

of law from the four corners of the decree itself.<br />

If the contents of a dissolution decree are unambiguous, the decree is not subject to<br />

interpretation and construction, and the intention of the parties must be determined<br />

from the contents of the decree. The effect of such a decree must be declared in the<br />

light of the literal meaning of the language used.<br />

Holling v. Holling, 16 Neb. App. 394, 744 N.W.2d 479 (2008)<br />

Neb. Rev. Stat. § 25-601 (Reissue 1995) governs dismissals without prejudice. It<br />

provides as follows: An action may be dismissed without prejudice to a future action<br />

(1) by the plaintiff, before the final submission of the case to the jury, or to the court<br />

where the trial is by the court; (2) by the court where the plaintiff fails to appear at<br />

the trial; (3) by the court for want of necessary parties; (4) by the court on the<br />

application of some of the defendants where there are others whom the plaintiff fails<br />

to diligently prosecute; (5) by the court for disobedience by the plaintiff of an order<br />

concerning the proceedings in the action. In all other cases on the trial of the<br />

action the decision must be upon the merits.<br />

§ 25-601 is unambiguous in its terms. After submission, a trial court has no authority<br />

to dismiss a case without prejudice on the basis that a plaintiff has failed to produce<br />

sufficient evidence to sustain his or her claims.<br />

In re Interest of C.K., L.K., and G.K., 240 Neb. At 709, 484 N.W.2d 68 (1992)<br />

Papers requested to be noticed must be marked, identified, and made a part of the<br />

record. Testimony must be transcribed, properly certified, marked and made a part<br />

of the record. Trial court’s ruling in the termination proceeding should state and<br />

describe what it is the court is judicially noticing. Otherwise, a meaningful review is<br />

impossible. [See also State v. Norwood, 203 Neb. 201, 277 N.W.2d 709 (1979), on<br />

next page of outline]<br />

Johnson v. Johnson, 282 Neb. 42, 803 N.W.2d 420 (Aug. 2011)<br />

A judgment entered without personal jurisdiction is void.<br />

a void judgment may be attacked at any time in any proceeding.<br />

We will reverse a decision on a motion to vacate only if the litigant shows that the<br />

district court abused its discretion.<br />

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