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