State of Nebraska on behalf of Marcelo K. and Rycki K., minor children v. Ricky K. and Belinda D.

Summary

The Nebraska Supreme Court dismissed the State's appeal for lack of jurisdiction. The district court's order disestablishing paternity as to one child was not a final, appealable order under Neb. Rev. Stat. § 25-1315 because multiple claims remained unresolved and the court had not expressly directed entry of judgment or determined that there was no just reason for delay.

Holdings

1. The court lacked appellate jurisdiction because the order resolved fewer than all claims and parties and the district court did not expressly direct entry of judgment or expressly determine that there was no just reason for delay.
2. An appellate court must determine its jurisdiction before reaching the legal issues presented for review.
3. An appellate court and the tribunal appealed from do not have jurisdiction over the same case at the same time.

Questions Presented

1. Whether the Nebraska Supreme Court had jurisdiction over an appeal from an order resolving fewer than all claims in an action involving multiple parties and claims.
2. Whether the district court's June 19, 2017, order was a final, appealable order under Neb. Rev. Stat. §§ 25-1315 and 25-1902.

Disposition

dismissed