S-23-0673 Dylan R. Hunzeker (Appellee) v. Brooke E. Carnahan and Brandon L. Borrenpohl (Appellants)
Appeal from the District Court for Nemaha County, Judge Julie D. Smith
Attorneys:Angelo M. Ligouri (Ligouri Law Office for Appellants) and Ryan K. McIntosh (Brandt, Horan, Hallstrom & Stilmock for Appellee)
Civil: Disestablishment of paternity
Proceedings Below: The district court set aside a notarized acknowledgement of paternity, disestablished paternity, assessed the costs of DNA testing to Appellant, and awarded Appellee temporary parenting time. On its own motion, the Nebraska Supreme Court ordered this case to be transferred from the docket of the Nebraska Court of Appeals to its docket.
Issues: Appellants make the following statement of issues and errors: 1) The trial court committed plain error by going against statutory scheme pursuant to Neb. Rev. Stat. §§ 43-1401 to 43-1418 and directly violating Tyler F. v. Sara P., 306 Neb. 397, 945 N.W.2d 502 (2020); 2) The trial court committed plain error by denying to consider or apply Neb. Rev. Stat. § 43-1412.01 in setting aside a final notarized established acknowledgment of paternity; 3) The trial court committed plain error in considering disestablishment of Brandon’s paternity during and within Appellee’s action seeking establishment of paternity in himself; 4) The trial court committed plain error by setting aside a notarized acknowledgment of paternity by material mistake of fact based on DNA testing results without more; 5) The trial court committed plain error in denying the appointment of a guardian ad litem and setting aside a notarized acknowledgment of paternity after genetic testing, without considering the best interest of the minor child; 6) The trial court committed plain error in denying Appellants’ motion to dismiss; 7) The trial court abused discretion in denying Appellants’ motion to continue; and 8) The trial court abused discretion in granting temporary parenting time for Appellee and attorney fees against Appellants.