CITTA v. FACKA

No. A-11-549.

812 N.W.2d 917 (2012)

19 Neb. App. 736

Jason M. CITTA, appellant, v. Tricia J. FACKA, appellee.

Court of Appeals of Nebraska.

Filed April 10, 2012.


Attorney(s) appearing for the Case

Terrance O. Waite , North Platte, and Patrick M. Heng , of Waite, McWha & Heng, for appellant.

Kim M. Seacrest , of Seacrest Law Office, P.C., L.L.O., for appellee.

IRWIN, SIEVERS, and CASSEL, Judges.


CASSEL, Judge.

INTRODUCTION

Jason M. Citta appeals from the order awarding Tricia J. Facka custody of the parties' child. Although we conclude that the court erred in not deeming as admitted Citta's requests for admission upon Facka's failure to respond, the issue of child custody cannot be controlled by unanswered requests for admission. We find no abuse of discretion by the court in its award of custody or its calculation of child support. Accordingly...

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