Huffman v. Boersen/Opinion of the Court

[p337] PER CURIAM.

We granted certiorari to review the constitutionality of Neb. Rev. Stat. § 25-1914 (1964) under which the Nebraska Supreme Court dismissed this indigent petitioner's appeal for his failure to deposit the $75 cash or bond security for costs required of appellants by the statute. 404 U.S. 990 (1971). The judgment appealed from annulled petitioner's marriage to respondent and dismissed his countersuit claiming paternity and custody of a child born to respondent. After our grant of certiorari, Nebraska enacted Legislative Bill 1120 providing, among other things, that the Nebraska courts "shall authorize... [an] appeal... without [p338] prepayment of... security, by a person who makes an affidavit that he is unable to... give security...," except that "[a]n appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith." Counsel for both parties were of the opinion on oral argument here that this new statute is applicable to the instant case. Counsel for respondent also conceded that petitioner's appeal on the paternity issue has merit. Accordingly, the judgment is vacated and the cause remanded to the Nebraska Supreme Court for reconsideration in light of the supervening statute.

It is so ordered.