Ginger Cove Common Area Company, appellee.
Scott Wiekhorst, appellant.
Jurisdiction: Appeal and Error. A
jurisdictional question which does not involve a factual
dispute is determined by an appellate court as a matter of
Motions to Vacate: Appeal and Error. An
appellate court reviews a ruling on a motion to vacate for
abuse of discretion.
Jurisdiction: Appeal and Error. Before
reaching the legal issues presented for review, it is the
duty of an appellate court to determine whether it has
jurisdiction over the matter before it.
Jurisdiction: Final Orders: Appeal and
Error. For an appellate court to acquire
jurisdiction over an appeal, there must be a final order or
final judgment entered by the court from which the appeal is
Final Orders: Appeal and Error. The primary
reason for requiring a final order to dispose of all the
issues presented in an action is to avoid piecemeal appeals
arising out of the same operative facts.
Final Orders. An order is final for purposes
of appeal under Neb. Rev. Stat. § 25-1902 (Reissue 2016)
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.
Final Orders: Appeal and Error. An order
affects a substantial right if it affects the subject matter
of the litigation, such as diminishing a claim or defense
that was available to the appellant prior to the order from
which he or she is appealing.
__:__. An order affects a substantial right when the right
would be significantly undermined or irrevocably lost by
postponing appellate review. 9. Pretrial Procedure:
Final Orders: Appeal and Error. Discovery orders are
not generally subject to interlocutory appeal because the
underlying litigation is ongoing and the discovery order is
not considered final.
Neb. 417] 10. Records: Proof: Appeal
and Error. In appellate proceedings, unless there is
proof to the contrary, the journal entry in a duly
authenticated record of the trial court imports absolute
Records: Appeal and Error. It is incumbent
upon the appellant to present a record supporting the errors
assigned; absent such a record, an appellate court will
affirm the lower court's decision regarding those errors.
from the District Court for Douglas County: James T. Gleason,
Matthew Aerni, of Berry Law Firm, for appellant.
J. Wilson and Lawrence J. Roland, of Gross & Welch, PC,
L.L.O., for appellee.
Heavican, C.J., Wright, Miller-Lerman, Cassel, Stacy, Kelch,
and Funke, JJ.
a judgment against Scott Wiekhorst for unpaid assessments, he
appealed to challenge an order entered 2 months earlier-which
overruled his motion to vacate or set aside an order of
sanctions. Because neither that order nor the sanctions order
were final orders, Wiekhorst properly waited until final
judgment to appeal. But because he failed to present a record
to support his assigned error, we affirm.
Cove Common Area Company (Ginger Cove) sued Wiekhorst and two
other individuals for unpaid annual assessments. The
transcript does not show that the other two individuals were
served within 6 months from the filing of the complaint;
thus, it appears that the action against them stood dismissed
by operation of law.
Neb. 418] Wiekhorst filed a counterclaim with his answer. He
alleged that Ginger Cove violated its fiduciary duty, and he
sought relief for the alleged violations.
following timeline is pertinent:
• 09/22/2015: Ginger Cove filed a motion for discovery
sanctions and set a hearing for ...