Peterson v. Jacobitz
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The Supreme Court affirmed the decision of the court of appeals reversing the conclusion of the Buffalo County Court that the Phelps County Court lacked jurisdiction to transfer this case to Buffalo County and dismissing the case for lack of jurisdiction, holding that the court of appeals did not err.
Jodi Ronhovde and Austin Peterson were in a sexual relationship before Jodi gave birth to a child. Jodi subsequently married and joined her husband in seeking a stepparent adoption. The complaint was filed in the Phelps County Court, and Jodi identified Austin as the child's biological father. Austin then motioned for a change of venue to Buffalo County, which the Phelps County Court granted. Jodi filed a motion to dismiss, arguing that the Phelps County Court never had jurisdiction and, therefore, could not have transferred the case. The Buffalo County Court agreed. The court of appeals reversed. The Supreme Court affirmed, holding (1) the language of Neb. Rev. Stat. 43-104.05(4)(a) did not confer jurisdiction; and (2) the court of appeals did not err in reversing the dismissal of Austin's complaint by the Buffalo County Court.
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