Janice M. Anderson, Personal Representative of the Estate of Steven B. Anderson, deceased, appellee,
Steve Finkle, appellant.
Jurisdiction: Appeal and Error. When a
jurisdictional question does not involve a factual dispute,
its determination is a matter of law, which requires an
appellate court to reach a conclusion independent of the
decision made by the lower court.
Statutes: Appeal and Error. Statutory interpretation
presents a question of law. When reviewing questions of law,
an appellate court has an obligation to resolve the questions
independently of the conclusion reached by the trial court.
Actions: Abatement, Survival, and Revival. A pending
action must be revived in the manner provided by statute; a
failure to do so means that the pending action has no force
and effect with respect to any entity in whose name revivor
Actions: Parties: Death: Abatement, Survival, and
Revival. The death of a party to a legal proceeding,
where the cause of action survives, suspends the action as to
the decedent until someone is substituted for the decedent as
Judgments: Jurisdiction. When a court lacks
jurisdiction and nonetheless enters an order, such order is
Judgments: Final Orders: Jurisdiction: Appeal and
Error. A void order is a nullity which cannot
constitute a judgment or final order that confers appellate
jurisdiction on a court.
Appeal and Error. The notice of appeal from a
nonappealable order does not render void for lack of
jurisdiction acts of the trial court taken in the interval
between the filing of the notice and the dismissal of the
appeal by the appellate court.
Abatement, Survival, and Revival: Final Orders. An
order reviving an action is not a final order.
Neb. 798] 9. Jurisdiction: Final Orders: Appeal and
Error. An appellate court is without jurisdiction to
entertain appeals from nonfinal orders.
from the District Court for Douglas County: Shelly R.
Stratman, Judge. Appeals dismissed.
Benjamin M. Belmont and Wm. Oliver Jenkins, of Brodkey.
Peebles, Belmont & Line, L.L.P., for appellant.
A. Kinney and Jill M. Mason, of Kinney Mason, P.C., L.L.O.,
Heavican, C.J., Wright, Miller-Lerman, Cassel, Stacy, Kelch,
and Funke, JJ.
case involves two separate cases that were fully briefed and
consolidated for oral argument.
B. Anderson filed a complaint alleging breach of contract and
quantum meruit or unjust enrichment after Steve Finkle failed
to perform on a promissory note. Following trial, but prior
to the court issuing its order, Anderson died. The district
court subsequently issued an order awarding Anderson the
amount of the promissory note, plus interest.
court overruled Finkle's motion for new trial and granted
Anderson's estate's motion for revivor to revive the
matter. Finkle appeals. We dismiss the ...