Adam R. Little successfully defends appeal in Rickert v. Rickert
Adam R. Little successfully defended our client in the recent Nebraska Court of Appeals case Rickert v. Rickert, 27 Neb.App. 533 (2019). The case involved the denial of stay in modification of child custody case. The trial court denied the stay under the Servicemember’s Civil Relief Act and granted our client temporary custody of the minor child.
On appeal, the opposing party argued that the district court erred in (1) finding his client’s application for stay did not satisfy the requirements of the Servicemember’s Civil Relief Act, (2) denying his client’s application for stay even if it did not satisfy the statutory requirements, (3) considering information extrinsic to his client’s application for stay in deciding the application, and (4) the district court deprived his client of procedural due process.
In a 14 page published case, the Nebraska Court of Appeals determined that the District Court acted within its discretion in denying the stay. Specifically, the Court held that (1) the opposing party failed to meet the statutory requirements of the SCRA, (2) that even if he did not meet the requirements he was not prejudiced because the appeal took longer than 90 days, (3) the court properly considered evidence at the hearing, and (4) that the issue of temporary custody was not a final appealable order.