Opinion
A-21-110 A-21-111
08-31-2021
In re Interest of Madeline C., a child under 18 years of age. v. Annette C., appellant. State of Nebraska, appellee,
Timothy J. Wollmer, of Egr, Birkel & Wollmer, P.C., for appellant. Tonia M. Soukup, Deputy Butler County Attorney, for appellee.
THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION AND MAY NOT BE CITED EXCEPT AS PROVIDED BY NEB. CT. R. APP. P. § 2-102(E).
Appeals from the County Court for Butler County: C. Jo Petersen, Judge.
Timothy J. Wollmer, of Egr, Birkel & Wollmer, P.C., for appellant.
Tonia M. Soukup, Deputy Butler County Attorney, for appellee.
Pirtle, Chief Judge, and Moore and Welch, Judges.
SUPPLEMENTAL OPINION
MEMORANDUM OPINION AND JUDGMENT ON APPEAL
Per Curiam.
This matter is before the court on the motion for rehearing filed by Madeline C. regarding our opinion reported in a memorandum opinion, In re Interest of Madeline C., Nos. A-21-110, A-21-111, 2021 WL 3160091 (Neb. App. July 27, 2021) (selected for posting to court website). We overrule the motion, but for purposes of clarification, we modify the opinion as follows:
In the section of the opinion designated as "INTRODUCTION," we withdraw the second sentence, which states: "We conclude that she has not timely appealed from the first order, case No. A-21-110, and that the court did not follow the required statutory procedures for the second order, case No. A-21-111." We substitute the following sentence: "In both case No. A-21-110 and case No. A-21-111, we conclude that Madeline has not timely appealed from the first order and that the court did not follow the required statutory procedures for the second order."
In addition, we withdraw the holding, following the section of the opinion designated as "CONCLUSION," which states: "Appeal in No. A-21-110 dismissed. Judgment in No. A-21-111 vacated, and cause remanded for further proceedings." We substitute the following holding: "Appeals dismissed in part and in part vacated, and causes remanded for further proceedings."
The remainder of the opinion shall remain unmodified.
Former opinion modified.
Motion for rehearing overruled.