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HOLLING v. HOLLING

No. A-07-065.

744 N.W.2d 479 (2008)

16 Neb. App. 394

Kelli D. HOLLING, Appellee, v. Tony L. HOLLING, Appellant.

Court of Appeals of Nebraska.

February 5, 2008.

Attorney(s) appearing for the Case

Douglas Pauley and Chris A. Johnson, of Conway, Pauley & Johnson, P.C., Hastings, for appellant.

No appearance for appellee.

INBODY, Chief Judge, and CARLSON and CASSEL, Judges.

CASSEL, Judge.

INTRODUCTION

Kelli D. Holling, on behalf of her minor children, sought a protection order against Tony L. Rolling. After an evidentiary hearing, the district court for Dawson County dismissed Kelli's petition "without prejudice." Tony appeals. Because the matter was submitted to the district court on the merits, the court lacked authority to dismiss without prejudice. We modify the judgment to dismiss the petition with prejudice.

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