984 N.W.2d 285
Neb.2023Background
- William P. (father) filed a petition and affidavit on Feb. 15, 2022 seeking a domestic abuse protection order against his adult daughter, Jamie P.
- The district court issued an order to show cause and set a Feb. 24, 2022 hearing; the sheriff’s return indicates personal service on Jamie on Feb. 22, 2022.
- Jamie did not appear at the hearing; the court entered a domestic abuse protection order stating it was based on “evidence . . . adduced.”
- Jamie appealed, arguing she was not properly served and that evidence was insufficient; she failed to timely file a bill of exceptions and her motions to file one late were overruled.
- On the limited record, the Supreme Court presumed the sheriff’s return and the trial evidence were correct and affirmed the protection order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Service of process — whether Jamie received notice of the show-cause hearing | Sheriff’s return shows proper personal service at shared home; service was valid | Jamie contends she was not properly served and thus did not receive notice | Court presumed sheriff’s return correct in absence of contrary evidence and rejected Jamie’s claim |
| Sufficiency of the evidence for a domestic abuse protection order | Petition, affidavit, and other evidence adduced at hearing supported the order | Jamie argues evidence was insufficient to justify the order | Because no bill of exceptions was filed, appellate court presumed the trial evidence supported the order and affirmed |
Key Cases Cited
- Robert M. on behalf of Bella O. v. Danielle O., 303 Neb. 268 (de novo review applies to protection-order appeals)
- State v. County of Kimball, 164 Neb. 479 (sheriff’s return of service presumed correct)
- State v. Hess, 261 Neb. 368 (presumption that public officers faithfully perform duties; regularity of official acts)
- Ginger Cove Common Area Co. v. Wiekhorst, 296 Neb. 416 (authenticated trial record imports verity on appeal)
- Stewart v. Heineman, 296 Neb. 262 (appellate presumption that trial evidence supports judgment where no bill of exceptions)
- In re Estate of Baer, 273 Neb. 969 (same presumption regarding absent bill of exceptions)