Fittje v. Potter

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Fittje v. Potter

Additional Case Names

Geoffrey V. obo Jaxon F. v. Sara P.

Case Number
Call Date
March 3, 2020
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-19-0513 Tyler F. (Appellant) v. Sara P.

S-19-0514 Geoffrey V. obo Jaxon F. (Cross-appellant) v. Sara P.

(Cases consolidated at trial and on appeal)

Lancaster County District Court, Judge Kevin R. McManaman

Attorneys: Andrea Finegan McChesney, for Appellant; Joel Bacon and Tara L. Gardner (Keating O’Gara Law, for Geoffrey V.)

Civil: Paternity action

Proceedings below: The district court consolidated the cases and found Tyler F. was legal father and Geoffrey V. was the biological father.

Issues: Appellant assigns, re-stated and consolidated, that the trial court erred in 1) finding Geoffrey V. brought his paternity action in his individual capacity and not as next friend of J.F and had standing under Neb. Rev. Stat. § 43-1411(1)(Reissue 2008); 2) finding Appellant waived the statute of limitations as a defense to Geoffrey’s action and failing to find Geoffrey’s action was time-barred; 3) finding the statute of limitations was tolled; and 4) deviating from the Child Support Guidelines and treating both Sara P. and Geoffrey V., combined, as the non-custodial parent.

Geoffrey V. assigns on cross-appeal that if Appellant’s paternity acknowledgement had to be set aside before he could establish paternity, the trial court erred in how it evaluated whether there was a material mistake of fact.

Schedule Code