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.