In Re Petition of Anonymous 1

I respectfully dissent. I submit that the judge below had no jurisdiction to entertain this matter under the provisions of Neb. Rev. Stat. § 71-6901 et seq. (Cum. Supp. 1994) and that as a consequence, we have no jurisdiction to review it.

Although jurisdiction was not one of the issues presented by the questions certified to us by the U.S. District Court for the District of Nebraska with regard to a predecessor statute, Orr v. Knowles, 215 Neb. 49, 337 N.W.2d 699 (1983), and thus not addressed therein, I begin by recalling that an appellate court has both the power and duty to consider on its…