Weatherly v. Cochran
Annotate this Case
The Supreme Court dismissed the appeal brought from an order of the district court extending a harassment protection order for one year as moot but applied the public interest exception to mootness to address whether a respondent against whom a harassment protection order is sought must appear in person rather than through counsel.
During a show cause hearing, the district court concluded that because Respondent appeared through counsel rather than appearing in person, the ex parte harassment protection order against him would automatically be extended for one year. The court allowed Petitioner to testify and allowed Respondent’s counsel to cross-examine Petitioner. The court then found that Petitioner had presented evidence sufficient to extend the harassment protection order for one year to expire on October 5, 2018. The Supreme Court held (1) Respondent’s appeal from the harassment protection order was moot; and (2) through a plain reading of Neb. Rev. Stat. 28-311.09(8)(b), a respondent is entitled to appear by and through his or her counsel.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.