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J.M. v. Hobbs

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Date: 
Tuesday, March 4, 2014

S-13-0616, J.M., as Guardian and Conservator for his minor child, C.M. (Appellant) v. Billy L. Hobbs

Lancaster County, Judge Paul D. Merritt, Jr.

Attorneys: John W. Ballew, Jr. and Adam R. Little (Ballew Covalt Hazen PCLLO) (Appellant) -- Dana M. London

Civil: Order in-aid-of execution, Neb. Rev. Stat. § 81-2032(2).

Proceedings below: The district court found Neb. Rev. Stat. § 81-2032(2) did not violate the Equal Protection Clause but found the statute was the type of unconstitutional special legislation prohibited by Neb. Const. art. III. § 18. The court dismissed Appellant’s motion for an order in-aid-of execution. The court did not address any other constitutional issues.

Issues: The district court erred in (1) finding Neb. Rev. Stat. § 81-2032(2) was unconstitutional special legislation in violation of Neb. Const. art. III, § 18; (2) denying the Appellant’s motion for an order in-aid-of execution and granting the Appellee’s motion to quash and/or dismiss.

Cross-Appeal: The district court erred in (1) failing to find Neb. Rev. Stat. § 81-2032(2) violates the Equal Protection Clauses of the U.S. and Nebraska Constitutions; (2) failing to find Neb. Rev. Stat. § 81-2032(2) violates the Due Process Clauses of the U.S. and Nebraska Constitutions.

This page was last modified on Wednesday, March 5, 2014