SUMMARY: An order finding a grandparent to be a good moral citizen but making no appointment of guardianship is not a final order.
Martha, the paternal grandmother of Karlie D. intervened in her abuse/neglect proceedings in November 2009. Karlie’s father died during the proceedings. In March 2010, Martha filed a motion seeking placement of Karlie in her home and an amended motion that she and her husband be appointed Karlie’s guardians. On March 31, 2011, the juvenile court entered an order finding that Martha was a reputable citizen of good moral character as defined in N.R.S. 43-284 but that “before the court removes [DHHS] as the guardian, [DHHS] shall submit a transition plan to the court…” The State appealed the order.
The Nebraska Court of Appeals dismissed the appeal for lack of jurisdiction. There was no dispute among the parties that these proceedings were “special proceedings” as required to appeal. However, the Court of Appeals found that the order did not affect a substantial right because the actual effect of the juvenile court’s order did not establish guardianship. The Court of Appeals noted that the parties must not speculate as to the court’s state of mind but must only look to the effect of the order. In this case, the juvenile court’s order was interlocutory and the court did not commit itself to a transfer of guardianship; therefore, the order did not affect a substantial right and the Court of Appeals dismissed for lack of jurisdiction.