S-15-0075 Bryan J. Murdoch (Appellant) v. Anne R. Bennett v. Adam D. Bennett (Intervenor)
Cass County District Court, Hon. David K. Arterburn
Attorneys: John A. Kinney, Jill M. Mason (Kinney Law, P.C., L.L.O.) (Appellant); Adam E. Astley (Slowiaczek, Albers & Astley, P.C., L.L.O); Julie E. Bear ' (Reinsch, Slattery, Bear & Minahan, P.C., L.L.O.) (Intervenor)
Civil: Appeal from a district court decision dismissing complaint to establish paternity.
Proceedings Below: Summary judgment based on statute of limitations, rejection of claim of suit being brought derivatively on behalf of a minor child
Issues:
Did the trial court err in finding that Appellant could not file this action derivatively as the minor child's "next friend."
Did the trial court err in determining Appellant failed to meet his burden of proof regarding his claim for an equitable estoppel/fraud tolling of the statute of limitations found in Neb. Rev. Stat. ' 43-1411 (Reissue 2007).
Is the language of Neb. Rev. Stat. ' 43-1411 unconstitutional under the Equal Protection Clause of the United States and Nebraska State Constitutions?
Is the language of Neb. Rev. Stat. ' 43-1411 unconstitutional under the Due Process Clause of the United States and Nebraska State Constitutions?