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Sherman T. obo Brayden N. v. Karyn N.

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Thursday, February 7, 2013

S-12-0515, Sherman T. (Appellant) on behalf of Brayden N. v. Karyn N.


Douglas County, Judge J. Michael Coffey


Attorneys: Willow T. Head (Appellant) --- Stephanie Weber Milone


Civil: Paternity, custody and support


Proceedings below: The trial court entered an order of dismissal dismissing the amended complaint to establish paternity, custody and support, with prejudice. The court dismissed, without prejudice, the counterclaim of Appellee.


Issues: The court erred in (1) dismissing the counterclaim on its own motion as Appellee waived the statute of limitations defense by filing a counterclaim seeking affirmative relief; (2) dismissing the Appellee’s counterclaim on its own motion; (3) failing to find the four-year statute of limitations provided in Neb. Rev. Stat. § 43-1411 is unconstitutional as it violates equal protection of the state and federal constitutions and violates the due process clauses of state and federal constitutions. 

This page was last modified on Monday, February 11, 2013