Motions to Dismiss: Appeal and Error. A
district court's grant of a motion to dismiss is reviewed
Limitations of Actions. The determination of which
statute of limitations applies is a question of law.
Judgments: Appeal and Error. An appellate court
independently reviews questions of law decided by a lower
Statutes: Legislature. In order for a court to
inquire into a statute's legislative history, the statute
in question must be open to construction, and a statute is
open to construction when its terms require interpretation or
may reasonably be considered ambiguous.
Limitations of Actions. The time limitation of Neb.
Rev. Stat. § 25-228 (Reissue 2016) does not apply to
actions for which the existing statute of limitations had run
at the time § 25-228 was enacted.
from the District Court for Douglas County: Gregory M.
Schatz, Judge. Affirmed.
H. Friedman, of Friedman Law Offices, PC, L.L.O., for
Martin Davis, of Davis Law Office, for appellee.
C. Leavitt for amicus curiae Nebraska Association of Trial
Heavican, C.J., Wright, Miller-Lerman, Cassel, Stacy, Kelch,
and Funke, JJ.
Neb. 322] MILLER-LERMAN, J.
plaintiffs in this case, who filed their complaint using the
pseudonyms "Jane Doe" and "John Doe, "
appeal the order of the district court for Douglas County
which dismissed their complaint against William Bruce McCoy.
The court determined that the complaint should be dismissed
for two reasons: (1) The action was time barred under the
applicable statutes of limitations, and (2) the complaint was
not brought in the real names of the parties in interest. We
affirm the dismissal of the complaint on the basis that the
statutes of limitations barred ...