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IN RE ADOPTION OF KAILYNN D.

No. S-06-1278.

733 N.W.2d 856 (2007)

273 Neb. 849

In re Adoption of KAILYNN D. David E. and Jennifer E., appellees, v. Richard D. and John J. Kohl, guardian ad litem for Richard D., appellees, and Sarpy County, Nebraska, appellant.

Supreme Court of Nebraska.

June 29, 2007.

Attorney(s) appearing for the Case

Nicole O'Keefe, Deputy Sarpy County Attorney, for appellant.

Michael L. Smart, Omaha, for appellee David E.

John J. Kohl, of Raynor, Rensch & Pfeiffer, Omaha, pro se.

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

STEPHAN, J.

This is a private adoption proceeding in which the husband of the biological mother sought to adopt her child, alleging abandonment by the biological father. The county court for Sarpy County appointed a guardian ad litem for the biological father, who was incarcerated. The sole issue in the appeal is whether Sarpy County can be required to pay the fee of the guardian ad litem in a private adoption. We conclude that it cannot.

FACTS

Kailynn...

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