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IN RE GUARDIANSHIP OF DAVID G.

No. A-10-927.

798 N.W.2d 131 (2011)

18 Neb. App. 918

In re GUARDIANSHIP OF DAVID G., a minor child. Dana G., appellant, v. Stephanie P. and Jack M., appellees.

Court of Appeals of Nebraska.

April 5, 2011.

Attorney(s) appearing for the Case

Catherine Mahern , Omaha, and Patrick Erker , Senior Certified Law Student, of Milton R. Abrahams Legal Clinic, for appellant.

No appearance for appellees.

SIEVERS, CARLSON, and CASSEL, Judges.

CASSEL, Judge.

INTRODUCTION

Prior to final submission of Dana G.'s petition for the appointment of a guardian for a minor child, Dana moved to dismiss her petition without prejudice. The county court instead dismissed the petition with prejudice, and Dana appeals. Because the dismissal without prejudice was both a matter of right and compelled by the absence of subject matter jurisdiction, we modify the dismissal to be without prejudice.

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