In re Interest of Antonio J.
295 Neb. 112
| Neb. | 2016Background
- The State filed an amended juvenile petition alleging five children were at risk due to parents’ fault or habits; Count I contained allegations against the mother and Count II against the father.
- At the start of the adjudication hearing (six months after filing), the State moved to dismiss two factual allegations without prejudice: that the father subjected a juvenile to inappropriate sexual contact and that the mother knew or should have known of it.
- The juvenile court refused the State’s request to dismiss those allegations without prejudice and instead ordered them dismissed with prejudice.
- The parties entered a plea agreement: parents admitted to certain allegations of failing to provide proper care and supervision; the court accepted admissions and adjudicated the children.
- The State appealed the court’s dismissal-with-prejudice ruling, arguing it had the right to dismiss the allegations prior to trial without leave of court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State may voluntarily dismiss a count/allegation in juvenile court prior to trial as a matter of right | State: county attorney may dismiss counts before trial without court permission | Parents/Court: court may condition dismissal or convert to dismissal with prejudice | Court: State may dismiss counts prior to trial as a matter of right; dismissal ordered without prejudice, not with prejudice |
| Whether dismissal with prejudice was proper where no evidence had been presented | State: dismissal with prejudice wrongly adjudicates merits without trial | Court: (implied) believed dismissal with prejudice appropriate in context | Court: dismissing with prejudice was error because merits were not adjudicated |
Key Cases Cited
- In re Interest of Moore, 186 Neb. 67, 180 N.W.2d 917 (1970) (county attorney may dismiss juvenile action/count prior to trial without leave of court)
- Simpson v. City of North Platte, 215 Neb. 351, 338 N.W.2d 450 (1983) (dismissal with prejudice is an adjudication on the merits)
- In re Interest of Enyce J. & Eternity M., 291 Neb. 965, 870 N.W.2d 413 (2015) (standard of review for questions of law)
- Knapp v. Village of Beaver City, 273 Neb. 156, 728 N.W.2d 96 (2007) (discussing voluntary dismissal as generally a right)