Lancaster County Court, Judge Susan Strong

Attorneys: Joshua D. Barber (for Appellants Ryan and Leslie McIntosh) --- Kirk Botts (Pro Se)

Civil: Guardianship

Proceedings below: The county court dismissed the action for guardianship finding it had no jurisdiction as a custody action had been filed in district court. The Court of Appeals dismissed the appeal for lack of jurisdiction under Neb. Ct. R. 2-107(A)(2) but later granted Appellants’ motion for rehearing. The parties were ordered to address the jurisdictional issue in the briefs.

Issues: The county court erred in finding it lacked jurisdiction over the guardianship petition and related application for writ of habeas corpus and dismissed the proceedings.