S-16-0031 In re Interest of Noah B. et al.
Douglas County Separate Juvenile Court, Judge Wadie Thomas Jr.
Attorneys: Patrick McGee (County Attorney's Office) --- Matthias J. Kraemer (Public Defender's Office for Appellee Griel B.) --- Liam K. Mechan (Schirber & Wagner LLP for Appellee Michaela B.)
Civil: jurisdiction; res judicata; collateral estoppel
Proceedings below: The trial court adjudicated the children under Neb. Rev. Stat. ' 43-247(3)(a) with regard to both parents and later dismissed the State's supplemental petition on the basis of res judicata and collateral estoppel. The parties were asked to specifically brief jurisdiction and whether the dismissal of the supplemental petition affected the State's substantial rights.
Issues: The trial court erred in determining that 1) dismissing the State's supplemental petition on the basis of res judicata, 2) dismissing the State's supplemental petition on the basis of collateral estoppel, and 3) dismissing the State's supplemental petition on the basis of res judicata and collateral estoppel without a presentation of evidence.