Mann v. Mann
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The Supreme Court vacated the decision of the court of appeals concluding that an order of partial summary judgment entered in the underlying proceeding to modify custody and child support was immediately appealable as a final order in a special proceeding under Neb. Rev. Stat. 25-1902(1)(b), holding that Neb. Rev. Stat. 25-1315(1) was implicated but was not satisfied.
Plaintiff filed a complaint to modify his child support obligation and certain provisions of the parties' parenting plan. Defendant counterclaimed, alleging that the Nebraska court did not have subject matter jurisdiction over the child at issue when the dissolution decree was entered. The district court granted summary judgment for Defendant and voided every provision in the decree and parenting plan related to the child. The court of appeals affirmed. The Supreme Court vacated the court of appeals' decision, holding that section 25-1315(1) was implicated in this case, and there was no proper certification under that statute.
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