Williams v. WilliamsAnnotate this Case
The Supreme Court reversed the decision of the court of appeals summarily dismissing Appellant's appeal from the order of the district court that dismissed her amended complaint for grandparent visitation, holding that the court of appeals erred when it dismissed the appeal rather than reversing the district court's dismissal and remanding the cause with directions.
The district court dismissed Appellant's complaint with prejudice after it determined that it lacked jurisdiction because the minor child's father had not been given notice of the proceedings. The court of appeals summarily dismissed the appeal, concluding that it lacked jurisdiction over the appeal because the district court lacked jurisdiction. The Supreme Court reversed, holding (1) Neb. Rev. Stat. 25-323 required the district court order that the father, as an indispensable party, be brought into the action before it dismissed the action for lack of an indispensable party; and (2) the court of appeals erred by endorsing this dismissal.