Williams v. Williams, 311 Neb. 772

Katherine (grandmother) sued under Nebraska’s grandparent‑visitation statutes seeking visitation with her grandchild; she did not name or serve the child’s adjudicated father, Ted Henderson Jr.
Trial occurred without the mother (Katelyn) or Ted present; Katherine testified and sought visitation (and suggested custody).
The district court dismissed Katherine’s amended complaint without prejudice, concluding it lacked jurisdiction because Ted had not been joined or given notice.
Katherine filed an amended motion to alter or amend/motion for new trial that attempted to add Ted by caption and certificate of service; the district court denied relief.
The Nebraska Court of Appeals summarily dismissed Katherine’s appeal for lack of jurisdiction; the Nebraska Supreme Court granted further review, reversed the Court of Appeals, and remanded with directions to require joinder of Ted under Neb. Rev. Stat. § 25‑323.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a legal parent is an indispensable party to a grandparent‑visitation action	Katherine: father is indispensable but she should be allowed to join him; dismissal was improper	Respondents/Ct below: absence of father deprived court of jurisdiction, dismissal without prejudice was appropriate	Held: Father is an indispensable party; absence deprives court of jurisdiction to grant visitation, but joinder must be ordered before dismissal
Whether § 25‑323 required the district court to order joinder rather than dismiss	Katherine: § 25‑323’s “must” requires the court to order the indispensable party be brought in; her amended motion attempted joinder	Court of Appeals/district court: dismissal permissible; plaintiff can refile	Held: § 25‑323 is mandatory—court must order indispensable parties brought in; district court erred by dismissing without first ordering joinder and allowing plaintiff to effectuate it
Proper appellate remedy when lower court lacked jurisdiction for failing to join an indispensable party	Katherine: appellate court should reverse dismissal and remand with directions to order joinder	Court of Appeals: lacking jurisdiction itself, it dismissed the appeal	Held: Appellate court may remand with directions to bring in indispensable parties; Court of Appeals erred in summarily dismissing rather than remanding with directions

Davis v. Moats, 308 Neb. 757, 956 N.W.2d 682 (2021) (father is indispensable in grandparent‑visitation action; absence renders order void)
Morse v. Olmer, 29 Neb. App. 346, 954 N.W.2d 638 (Neb. Ct. App. 2021) (parent must be served in grandparent‑visitation proceedings; parent constitutionally entitled to participate)
Midwest Renewable Energy v. American Engr. Testing, 296 Neb. 73, 894 N.W.2d 221 (2017) (§ 25‑323 mandates district court order indispensable parties be brought into controversy)
Pestal v. Malone, 275 Neb. 891, 750 N.W.2d 350 (2008) (appellate courts may remand to bring in indispensable parties for complete adjudication)