In Re Interest of NLB

Although I agree with the outcome the majority reaches, I *287must dissent on procedural grounds.

In deference to the fact that no question as to the validity of the poverty affidavit was raised and briefed by the parties, the majority does not comment on the State’s representation in its motion for dismissal that the poverty affidavit was “signed by” the appellant. In actuality, the affidavit was executed not by the appellant, but by her attorney.

As the majority notes, Neb. Rev. Stat. § 25-2301 (Reissue 1989) requires that the impoverished appellant, not her or his attorney, execute the affidavit…