23.06.2014 Views

Child Support Enforcement - Sarpy County Nebraska

Child Support Enforcement - Sarpy County Nebraska

Child Support Enforcement - Sarpy County Nebraska

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

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, ___ N.W.2d ___ (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 />

a voluntary appearance signed the day before the petition is filed waives service of<br />

process if filed simultaneously with or after the petition. See § 25-516.01(1)<br />

Kilgore v. <strong>Nebraska</strong> Dept. of Health & Human Servs., 277 Neb. 456, 763 N.W.2d 77<br />

(2009)<br />

An award of costs in a judgment is considered a part of the judgment. As such, a<br />

judgment does not become final and appealable until the trial court has ruled upon a<br />

pending statutory request for attorney fees.<br />

To be appealable, an order must satisfy the final order requirements of Neb. Rev.<br />

Stat. § 25-1902<br />

The mere oral announcement of a judgment without an entry on the trial docket is<br />

not the rendition of a judgment.<br />

For a final judgment to exist, there must be an order that is both signed by the<br />

court and filed stamped and dated by the clerk of the court.<br />

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 />

- 25 -

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!