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Storevisions, Inc v. Omaha

March 5, 2011

STOREVISIONS, INC., APPELLEE,
v.
OMAHA TRIBE OF NEBRASKA, ALSO KNOWN AS OMAHA NATION, APPELLANT.



appeal from the District Court for thurston County: darvid d. Quist, Judge. affirmed.

The opinion of the court was delivered by: heavicaN, c.J.

Filed March 25, 2011.

1. Jurisdiction:

Appeal and Error. a jurisdictional question which does not involve a factual dispute is determined by an appellate court as a matter of law.

2. Motions to Dismiss: Jurisdiction:

Appeal and Error. aside from factual findings, the granting of a motion to dismiss for a lack of subject matter jurisdiction is subject to a de novo review.

3. Jurisdiction: Final Orders:

Appeal and Error. For an appellate court to acquire jurisdiction of an appeal, there must be a final order entered by the court from which the appeal is taken; conversely, an appellate court is without jurisdiction to entertain appeals from nonfinal orders.

4. Final Orders:

Appeal and Error. an order is final for purposes of appeal if it affects a substantial right and (1) determines the action and prevents a judgment, (2) is made during a special proceeding, or (3) is made on summary application in an action after judgment is rendered. 5. Actions: Statutes. a special proceeding includes every special statutory remedy which is not in itself an action. 6. Actions: Judgments. a judgment rendered by the district court that is merely a step or proceeding within the overall action is not a special proceeding. 7. Actions: Statutes. a special proceeding entails civil statutory remedies not encompassed in chapter 25 of the nebraska revised statutes. 8. Actions. examples of special proceedings include juvenile court proceedings, probate actions, and workers' compensation cases. 9. Motions to Dismiss: Actions. a motion to dismiss is merely a step or proceeding within the overall action, and is not a civil statutory remedy, such as a juvenile court proceeding, a probate action, or a workers' compensation case.

10. : . the denial of a motion to dismiss does not occur within a special proceeding.

11. Final Orders:

Appeal and Error. to fall within the collateral order doctrine, an exception to the final order rule, an order must (1) conclusively determine the disputed question, (2) resolve an important issue completely separate from the merits of the action, and (3) be effectively unreviewable on appeal from a final judgment.

12. Principal and Agent.

apparent authority is authority that is conferred when the principal affirmatively, intentionally, or by lack of ordinary care causes third persons to act upon an agent's apparent authority.

13. _.

apparent authority gives an agent the power to affect the principal's legal relationships with third parties. the power arises from and is limited to the principal's manifestations to those third parties about the relationships.

14. Principal and Agent: Proof.

apparent authority for which a principal may be liable exists only when the third party's belief is traceable to the principal's manifestation and cannot be established by the agent's acts, declarations, or conduct. Manifestations include explicit statements the principal makes to a third party or statements made by others concerning an actor's authority that reach the third party and the third party can trace to the principal.

15. Principal and Agent.

For apparent authority to exist, the principal must act in a way that induces a reasonable third person to believe that another person ...


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