In Re Interest of BMH, 446 N.W.2d 222 (Neb. 1989). · Go Syfert
In Re Interest of BMH, 446 N.W.2d 222 (Neb. 1989). Cases Citing This Book View Copy Cite
40 citation events (12 in the last 25 years) across 3 distinct courts.
Strongest positive: Metrejean v. Gunter (neb, 1992-03-06)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 7 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Metrejean v. Gunter (4×) also: Cited as authority (quoted), Cited "see"
Neb. · 1992 · signal: see · quote attribution · 2 verbatim quotes · confidence high
n appellate court acquires no jurisdiction unless the appellant has satisfied the requirements for appellate jurisdiction
discussed Cited as authority (rule) Upell v. Dewey County Commission
S.D. · 2016 · confidence medium
See Woods v. Unified Gov’t of WYCO/KCK, 294 Kan. 292 , 275 P.3d 46, 51 (2012) (holding “the district court had no other choice but to dismiss the untimely-filed appeal.”); In re Int. of B.M.H., 233 Neb. 524 , 446 N.W.2d 222, 224 (1989) (noting in dismissing an appeal that “[a]n appellate court acquires no jurisdiction unless the appellant has satisfied the requirements for appellate jurisdiction, including a notice of appeal filed within the prescribed time.”). [¶ 18.] Upell also argues that she “substantially complied” with the notice requirements of SDCL 15-6-5.and, therefore,…
discussed Cited as authority (rule) In Re Interest of Andrew S.
Neb. Ct. App. · 2006 · confidence medium
“An appellate court acquires no jurisdiction unless the appellant has satisfied the requirements for appellate jurisdiction, *746 including a notice of appeal filed within the prescribed time.” In re Interest of B.M.H., 233 Neb. 524, 527 , 446 N.W.2d 222, 224 (1989).
discussed Cited as authority (rule) Schaad v. Simms
Neb. · 1992 · confidence medium
Stat. § 25-1905 (Supp. 1991), the transcript provided to the Supreme Court in an appeal “shall contain the final judgment or order sought to be reversed, vacated, or modified.” “An appellate court acquires no jurisdiction unless the appellant has satisfied the requirements for appellate jurisdiction ...” In re Interest of B.M.H., 233 Neb. 524, 527 , 446 N. W.2d 222, 224 (1989).
discussed Cited "see" In Re Interest of MW (2×)
Neb. Ct. App. · 1992 · signal: see · confidence high
See In re Interest of B.M.H., 233 Neb. 524 , 446 N.W.2d 222 (1989).
discussed Cited "see" In Re Interest of TW (2×)
Neb. · 1990 · signal: see · confidence high
See In re Interest of B.M.H., 233 Neb. 524 , 446 N.W.2d 222 (1989).
discussed Cited "see, e.g." Williams Ex Rel. Wilson v. Gering Public Schools (2×)
Neb. · 1990 · signal: see also · confidence low
See, also, In re Interest of B.M.H., 233 Neb. 524 , 446 N.W.2d 222 (1989).
Retrieving the full opinion text from the archive…
In Re Interest of B.M.H., a Child Under 18 Years of Age. State of Nebraska, Department of Social Services, Appellant,
v.
E.M.H., Appellee
88-947.
Nebraska Supreme Court.
Sep 29, 1989.
446 N.W.2d 222
Robert M. Spire, Attorney General, and Royce N. Harper for appellant., Janet S. Gurwitch for appellee., Carolyn A. Rothery, of Byrne, Rothery, Lewis, Bedel, Tubach & Zielinski, guardian ad litem.
Hastings, Boslaugh, White, Caporale, Shanahan, Grant, Fahrnbruch.
Cited by 42 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 73%
Citer courts: Nebraska Supreme Court (1)
Shanahan, J.

On June 9, 1988, the separate juvenile court of Douglas County adjudged that B.M.H. was a juvenile under Neb. Rev. Stat. § 43-247(3)(a) (Reissue 1988) and ordered that B.M.H. remain in the temporary custody of the Department of Social Services (department). On September 14, the court ordered B.M.H.’s mother to participate in psychological evaluation and psychotherapy, including group therapy, and further ordered: “The cost of such therapy shall be borne by Nebraska Department of Social Services.”

On October 19, the department filed a motion for rehearing or modification of the order which “required the Department of Social Services to bear the cost of psychological therapy” for B.M.H.’s mother, claiming that the court lacked authority to require that the department pay the cost of a parent’s therapy. The court overruled the department’s motion on November 1, 1988. The department filed its notice of appeal to this court on November 9, 1988.

The department’s sole assignment of error is that the juvenile court erred in ordering the department to pay for the psychological treatment of B.M.H.’s parent. However, a prerequisite to a discussion of the department’s assignment of error is a determination whether this court has jurisdiction.

Neb. Rev. Stat. § 43-2,126 (Reissue 1988) provides that “[a]ny final order or judgment entered by a separate juvenile court may be reviewed by the Supreme Court of Nebraska within the same time and in the same manner prescribed by law for review of an order or judgment of the district court____”

Neb. Rev. Stat. § 25-1912(1) (Cum. Supp. 1988) prescribes the time within which a notice of appeal must be filed to vest jurisdiction in this court, namely:

[P]roceedings to obtain a reversal, vacation, or[*526] modification of judgments and decrees rendered or final orders made by the district court. . . shall be by filing in the office of the clerk of the district court in which such judgment, decree, or final order was rendered, within thirty days after the rendition of such judgment or decree or the making of such final order, a notice of intention to prosecute such appeal signed by the appellant or appellants or his, her, or their attorney of record and . . . by depositing with the clerk of the district court the docket fee required by law in appeals to the Supreme Court.

Section 25-1912(2) provides: “The running of the time for filing a notice of appeal shall be terminated as to all parties (a) by a motion for a new trial under section 25-1143, if such motion is filed by any party within ten days after the verdict, report, or decision was rendered....”

A final order is “an order affecting a substantial right in an action____” Neb. Rev. Stat. § 25-1902(Reissue 1985).

The question is whether an order by the separate juvenile court that requires a parent to participate in psychological therapy and also requires the department to pay for such therapy is a final order.

Helpful in our determination whether there is a final order in this case is In re Interest of G.B., M.B., and T.B., 227 Neb. 512, 418 N.W.2d 258 (1988). In G.B., the separate juvenile court of Douglas County ordered, inter alia, that the department pay part of the costs for a juvenile who had been placed in a treatment center. Implicit in our decision to review the propriety of the juvenile court’s order in G.B. is our conclusion that an order directed to the department to pay for the costs of future treatment is a final order for purposes of § 25-1902. Thus, the juvenile court’s order sought to be reviewed in this appeal is a final order.

If a motion for new trial, authorized by law, has been filed within 10 days of a decision (see Neb. Rev. Stat. § 25-1143 (Reissue 1985) and § 25-1912(2)), the motion for new trial suspends the time limit for filing a notice of appeal. When the motion for new trial has been disposed of by the court rendering the decision, appellate jurisdiction is vested in the Supreme Court by compliance with the provisions prescribed by[*527] § 25-1912, i.e., timely notice of appeal and deposit of docket fee.

In the present appeal, the department’s motion, which we characterize as a motion for new trial, was filed on October 19, 1988, more than 10 days after the juvenile court’s decision of September 14, 1988, for which the department seeks appellate review. An untimely motion for new trial is ineffectual, does not toll the time for perfection of an appeal to the Supreme Court, and does not extend or suspend the time limit for filing a notice of appeal. In re Interest of C.M.H. and M.S.H., 227 Neb. 446, 418 N.W.2d 226 (1988); Novak v. Nelsen, 209 Neb. 728, 311 N.W.2d 8 (1981). Hence, the department’s motion was a procedural nullity.

Neb. Rev. Stat. § 25-1912.01(1) (Reissue 1985) states: “A motion for a new trial shall not be a prerequisite to obtaining appellate review of any issue upon which the ruling of the trial court appears in the record.”

Pursuant to § 25-1912.01(1), the Supreme Court has appellate jurisdiction, notwithstanding the absence of a motion for new trial, if the requirements of § 25-1912 have been satisfied for appellate review of a final order, decision, or verdict in the trial court. See, Caro, Inc. v. Roby, 215 Neb. 897, 342 N.W.2d 182 (1983); State v. Turner, 221 Neb. 132, 375 N.W.2d 154 (1985).

In the present appeal, without a timely motion for new trial, the department had 30 days from September 14, 1988, to file its notice of appeal. § 25-1912(1). The department’s notice of appeal, filed on November 9,1988, was clearly filed beyond the 30-day limit for filing a notice of appeal. An appellate court acquires no jurisdiction unless the appellant has satisfied the requirements for appellate jurisdiction, including a notice of appeal filed within the prescribed time. Federal Land Bank v. McElhose, 222 Neb. 448, 384 N.W.2d 295 (1986).

Because the department failed to comply with the requirements of § 25-1912, this court has no jurisdiction, and, accordingly, the department’s appeal is dismissed.

Appeal dismissed.