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IN RE ADOPTION OF TRYSTYN D.

No. S-98-1177.

611 N.W.2d 112 (2000)

259 Neb. 539

In re ADOPTION OF TRYSTYN D. Vicki C., appellant, v. David Prestidge and Ronda Prestidge, appellees.

Supreme Court of Nebraska.

May 26, 2000.

Attorney(s) appearing for the Case

Stacy C. Nossaman-Petitt, of Nossaman Petitt Law Firm, P.C., Scottsbluff, for appellant.

Robert M. Brenner, of Robert M. Brenner Law Office, Gering, for appellees.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

WRIGHT, J.

NATURE OF CASE

Vicki C., the natural mother of Trystyn D., filed a motion in the county court for Scotts Bluff County to set aside the adoption of Trystyn by David Prestidge and Ronda Prestidge. The court found that it lacked jurisdiction to consider the motion and, in the alternative, that Neb.Rev.Stat. § 43-116 (Reissue 1993) statutorily barred reopening of the decree in the absence of "clearly proven fraud." Thus, the court sustained the...

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