955 N.W.2d 329
Neb. Ct. App.2021Background
- Jodi Ronhovde gave birth to Kooper in Kearney, Buffalo County, Nebraska on February 19, 2013; she lived in Kearney during pregnancy and after the birth.
- Peterson disputed paternity and alleges he was first notified of possible paternity by certified-letter from Ronhovde’s counsel on September 24, 2019.
- On October 21, 2019, Peterson filed a “Complaint to Establish Paternity and Objection to Proposed Adoption” in Phelps County Court (not the county of birth).
- The Phelps County Court determined venue problems under Neb. Rev. Stat. § 43-104.05 and transferred the case to Buffalo County Court.
- Buffalo County Court later held the Phelps County transfer was void for lack of subject-matter jurisdiction and dismissed Peterson’s complaint; Peterson appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Phelps County could transfer the paternity/objection action to Buffalo County | Peterson: Phelps had jurisdiction and could transfer in interest of justice despite statutory venue rule | Ronhovde: § 43-104.05 requires filing in county where child born; Phelps lacked jurisdiction and could not transfer | Court: § 43-104.05 governs venue (place to file), not subject-matter jurisdiction; Phelps had jurisdiction and could transfer |
| Whether Buffalo County properly dismissed for lack of subject-matter jurisdiction | Peterson: Dismissal improper because transfer valid and county courts have exclusive jurisdiction over adoptions | Ronhovde: Transfer was void under precedent (Jackson v. Jensen) so Buffalo lacked jurisdiction | Court: Dismissal was erroneous; transfer not void; reversal and remand for further proceedings |
Key Cases Cited
- Jackson v. Jensen, 225 Neb. 671, 407 N.W.2d 758 (1987) (discusses effect of lack of subject-matter jurisdiction on transferability)
- Blitzkie v. State, 228 Neb. 409, 422 N.W.2d 773 (1988) (distinguishes statutory grant of jurisdiction from venue provisions)
- O'Neal v. State, 290 Neb. 943, 863 N.W.2d 162 (2015) (statutory venue rule for habeas does not strip all district courts of jurisdiction)
- Armour v. L.H., 259 Neb. 138, 608 N.W.2d 599 (2000) (procedure for adjudicating paternity under § 43-104.05 is part of adoption scheme and falls in county court jurisdiction)
- Burns v. Burns, 296 Neb. 184, 892 N.W.2d 135 (2017) (distinguishes jurisdiction from venue definitions)
- Huff v. Otto, 28 Neb. App. 646, 947 N.W.2d 343 (2020) (court action taken without subject-matter jurisdiction is void)