Simms v. Friel

Summary

The Nebraska Supreme Court held that a district court's temporary grandparent-visitation order did not affect a substantial right and therefore was not a final, appealable order. The court affirmed dismissal of the appeal for lack of appellate jurisdiction, although on different grounds from those stated by the Court of Appeals.

Holdings

1. The temporary grandparent-visitation order did not affect a substantial right and was not a final, appealable order because it temporarily disturbed Friel's relationship with his children, did not affect his custody, expired by its terms, and was entered pending a more permanent disposition.
2. Because the order was not final and appealable, the Nebraska Court of Appeals lacked jurisdiction to reach the merits, and the Nebraska Supreme Court likewise lacked jurisdiction to decide whether temporary grandparent-visitation orders are authorized.

Questions Presented

1. Whether the district court's temporary grandparent-visitation order affected a substantial right and therefore constituted a final, appealable order under Nebraska law.
2. Whether the Nebraska Supreme Court and the Nebraska Court of Appeals had appellate jurisdiction to decide whether district courts may issue temporary grandparent-visitation orders.

Disposition

affirmed