Terrazas v. Stevens

Case Number(s)
S-17-0925
Case Audio
Call Date
Case Time
Court Number
Lancaster
Case Location
Lincoln
Case Summary

S-17-0925 Maria Terrazas (Appellant) v. Jeremy Stevens and Jamie Stevens

District Court for Lancaster County, Hon. Susan I. Strong

Attorneys: David V. Chipman (Monzon, Guerra & Associates)(Appellant) --- Steffanie J. Garner Kotik (Kotik & McClure Law)

Civil: Habeas Corpus – Relinquishment of Parental Rights

Proceedings below: Appellant filed a petition for a writ of habeas corpus in which she sought to regain custody of a minor child after she had relinquished her parental rights to the child.  The district court sustained Appellees’ motion to dismiss for failure to state a claim upon which relief could be granted. Alternatively, the district court concluded that Appellees were entitled to summary judgment and that Appellant’s petition should be dismissed as a matter of law.

Issues: The district court erred in 1) granting Appellees’ motion to dismiss under Neb. Ct. R. Pldg. §6-1112(b)(6), and 2) finding in the alternative that the Appellees were entitled to summary judgment.

 

Schedule Code
SC