In Re Interest of Tabatha

566 N.W.2d 782, 252 Neb. 864, 1997 Neb. LEXIS 169

• Court: Nebraska Supreme Court
• Decided: July 25, 1997
• Docket: S-96-552
• Status: Published

Opinion

Per Curiam.

This case is now before the court on the motion of the appellee State of Nebraska for rehearing calling to our attention that our opinion reported at In re Interest of Tabatha R., ante p. 687, 567 N.W.2d 598 (1997), suggests but does not expressly rule that the juvenile court correctly adjudged the infant girl, Tabatha R., to be within its jurisdiction under Neb. Rev. Stat. § 43-247(3)(a) (Reissue 1993) as a juvenile lacking proper parental care by reason of the fault or habits of her parents.

We overrule the motion and substitute for the present language following the heading “Conclusion” the following language:

For the foregoing reasons, we affirm the judgment of the juvenile court that notice, service, and jurisdiction were proper and that Tabatha R. is a juvenile within the meaning of § 43-247(3)(a); but we reverse the remainder of the judgment of the juvenile court and remand the cause for further proceedings consistent with this opinion.

We also substitute for the present language of the holding the following language: “Affirmed in part, and in part reversed AND REMANDED FOR FURTHER PROCEEDINGS.”

Motion for rehearing overruled.