WEBEX
S-20-0254 Brook Beverly Hogan v. Nicholas Todd Hogan
Douglas County District Court, Hon. Gary B. Randall
Attorneys: Andrea Finegan McChesney (M|F Law Omaha, for Appellant) --- Dennis G. Whelan (Slowiaczek, Albers, P.C., L.L.O., for Appellee)
Civil: Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA); Custody modification; Relocation; Dismissal; Jurisdiction
Proceedings below: The district court dismissed the Appellant’s complaint for modification for lack of continuing, exclusive jurisdiction.
Issues on Appeal: Whether the district court erred in: 1) failing to follow the plain language of Neb. Rev. Stat. §43-1239 in finding it did not have exclusive continuing jurisdiction consistent with the relevant Nebraska statutes, and 2) failing to follow the plain language of Neb. Rev. Stat. §25-516.01 in failing to determine Appellee had submitted to personal and ultimately subject matter jurisdiction when he voluntarily appeared and failed to assert any defenses, thereby waiving any.