Appeal from Juvenile Court withstands dismissal

In re Interest of Kayla F. et al., 13 Neb. App. 679 June 28, 2005. No. A-05-442.

Mother in contested juvenile court proceedings against father filed notice of appeal from Hall County Court. Father sought to dismiss appeal because Mother did not deposit cost bond. Court holds that filing notice of appeal with docket fee satisfies appeals court jurisdiction, however mother has 14 days to deposit the cost bond. 25-1914. The court has discretion to dismiss an appeal on motion and notice “if no bond has been given and certified in the transcript or within such additional time as may be fixed by the appellate court for good cause shown.” Our statutory law states, and our case law holds, that to perfect an appeal from a juvenile court to an appellate court, the appealing party must, within 30 days after the rendition of such judgment, (1) file a notice of appeal with the juvenile court and (2) deposit with the clerk of the juvenile court the docket fee required by law. 25-1912. In re Interest of T.W. et al., 234 Neb. 966, 453 N.W.2d 436 (1990). In juvenile cases, the cost bond is required and may subject the appeal to dismissal, but is not jurisdictional. The Court orders the mother post the bond within 14 days.