S-12-0515, Sherman T. (Appellant) on behalf of Brayden N. v. Karyn N.

Douglas County, Judge J. Michael Coffey

Attorneys: Willow T. Head (Appellant) --- Stephanie Weber Milone

Civil: Paternity, custody and support

Proceedings below: The trial court entered an order of dismissal dismissing the amended complaint to establish paternity, custody and support, with prejudice. The court dismissed, without prejudice, the counterclaim of Appellee.

Issues: The court erred in (1) dismissing the counterclaim on its own motion as Appellee waived the statute of limitations defense by filing a counterclaim seeking affirmative relief; (2) dismissing the Appellee’s counterclaim on its own motion; (3) failing to find the four-year statute of limitations provided in Neb. Rev. Stat. § 43-1411 is unconstitutional as it violates equal protection of the state and federal constitutions and violates the due process clauses of state and federal constitutions.