Child Support Enforcement - Sarpy County Nebraska

otherwise provided in sections 25-2301 to 25-2310, 29-2306, and 48-641, by depositing with the
clerk of the district court the docket fee required by section 33-103.
(2) A notice of appeal or docket fee filed or deposited after the announcement of a decision or
final order but before the entry of the judgment, decree, or final order shall be treated as filed or
deposited after the entry of the judgment, decree, or final order and on the date of entry.
…
§ 43-1613. Findings and recommendations; exceptions; review by district court.
In any and all cases referred to a child support referee by the district court, the parties shall have
the right to take exceptions to the findings and recommendations made by the referee and to have
a further hearing before the district court for final disposition. The district court upon receipt of
the findings, recommendations, and exceptions shall review the child support referee’s report and
may accept or reject all or any part of the report and enter judgment based on the district court’s
own determination.
Source: Laws 1989, LB 265, § 6
See also: §25-1916. Appeal; supersedeas; cash or bond; effect; undertakings; amount,
terms, and conditions; effect of having corporate surety.
ADT Security Servs. V. A/C Security Systems, 15 Neb. App. 666 (2007)
To determine the appropriate standard of review for [an] appeal, it is necessary to
determine whether a claim or a counterclaim is an action at law or an action
sounding in equity.
The nature of an action, whether legal or equitable, is determinable from its main
object, as disclosed by the averments of the pleadings and the relief sought.
Although in many contexts the traditional distinctions between law and equity have
been abolished, whether an action is one in equity or one at law controls in
determining an appellate court‟s scope of review.
An appellate court reviews a claim or counterclaim that sounds in equity de novo on
the record, subject to the rule that where credible evidence is in conflict on material
issues of fact, the appellate court considers and may give weight to the fact that the
trial court observed the witnesses and accepted one version of the facts over
another. … The appellate court does not reweigh the evidence but considers the
judgment in a light most favorable to the successful party and resolves evidentiary
conflicts in favor of the successful party, who is entitled to every reasonable
inference deducible from the evidence.
Currie v. Chief School Bus Serv., 250 Neb. 872, 553 N.W.2d 469 (1996),
Although an extrajurisdictional act of a lower court cannot vest an appellate court
with jurisdiction to review the merits of an appeal, the appellate court has jurisdiction
and, moreover, the duty to determine whether the lower court had the power, that is,
the subject matter jurisdiction, to enter the judgment or other final order sought to be
reviewed.
Drew on Behalf of Reed v. Reed, 16 Neb. App. 905, 755 N.W.2d 420 (2008)
While a paternity action is one at law, the award of child support in such an
action is equitable in nature.
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