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Lee Clifford TAttorney in Omaha near me 68114 Nebraska (402)493-3300  Lawyers Injury Accident Bankruptcy Legal Aid

No. A-05-875. Filed March 7, 2006. 1. Jurisdiction: Appeal and Mistake. The question of jurisdiction is a concern of law, upon which an appellate court reaches a conclusion independent of the trial court. 2. ___: ___. When a lower court does not have the authority to exercise its subject jurisdiction to adjudicate the benefits of a claim, problem, or concern, an appellate court likewise does not have the power to identify the benefits of the claim, problem, or question provided to the lower court.

Administrative Law: Jurisdiction: Appeal and Error. Where a district court has statutory authority to examine an action of an administrative company, the district court may get jurisdiction just if the review is sought in the mode and way and within the time supplied by statute. 4. ___: ___: ___. The filing of the petition and the service of summons are the two actions required to establish the jurisdiction of the district court to evaluate the last decision of an administrative company under the Administrative Procedure Act.

Lee Clifford TAttorney in Omaha near me 68114 Nebraska (402)493-3300  Lawyers Injury Accident Bankruptcy Legal Aid

POLK, Judge. Appeal dismissed. Thomas A.  Learn More Here , of Pickens, Daubman, Green Gleason, L.L.P., for appellant. Jon Bruning, Attorney General Of The United States, and Douglas D. Dexter for appellee. IRWIN, SIEVERS, and MOORE, Judges. MOORE, Judge. Intro Pursuant to this court's authority under Neb. Ct. R. of Prac. 11B (1)( rev. 2005 ), this case was purchased submitted without oral argument.

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Roubal, by and through Kathleen A. Holm, pursuant to her power of lawyer, submitted a petition for evaluation in the district court for Douglas County pursuant to the Administrative Procedure Act, looking for evaluation of a decision of the Nebraska Department of Health and Human Services (the Department), which choice rejected Roubal particular medical advantages.

We agree that Roubal did not file her petition in a timely manner. Due to the fact that Roubal's petition was not timely, the district court did not have jurisdiction to consider the merits of her claim. Also, this court lacks jurisdiction to consider the benefits of Roubal's appeal. Appropriately, we dismiss Roubal's appeal for lack of jurisdiction.